Los errores se pagan: el ejemplo de la inadmisión por extemporáneo del recurso de amparo formulado por un cauce procesal equivocado

Abstract

In the jurisprudence of the Constitutional Court, there are many cases of appeals of amparo that, having the object an action of the Administration, are nevertheless forrnulated via the proceduralchannel of Artiele 44 LOTC, which is the one provided for the amparos that have their origin in an action of a judicial body. For a long time this procedural deviation never had visible legal consequences nor, in particular, served the Court to establish the inadmissibility of the amparos. This situation changes, however, with Organic Law 6/2007, of 24 May, which, amongother changes, establishes a different time limit for the filing of the one and of the other type of amparo. Thereafter, the aforementioned mistake in the approach to demand imply, as a consequence, where appropriate, the inadmissibility of the application because of the missing of the deadline. This artiele, using STC 75/2019, gives an account of this constitutional doctrine and wams of the weaknesses of the arguments that criticize the Court’s conclusion.