La eficacia vinculante de las sentencias estimatorias del recurso de casación en interés de ley. A propósito de la STC 37/2012, de 19 de marzo

Authors

  • María José Alonso Mas

Keywords:

Compulsory judicial doctrine, judicial independence

Abstract

Spanish Constitutional Court considers that it’s possible to question about conformity to Constitution by a law, when this law has been interpreted by Highest Court, ruling compulsory legal doctrine; and has told this compulsory legal doctrine is not against judicial independence. In spite of all, we ought to question about the opportunity of this regulation, which may cause problems with European Court of Justice and with compulsory jurisprudence made by Higher Courts; even taking in consideration the very frequent changes in compulsory legal doctrine, some of them caused by Parliament and by European Court of Justice. Besides, we musn’t forget the strange nature of this special action.