La exigua tasa de admisión del recurso de amparo constitucional

Abstract

The protection of fundamental rights can be articulated in Spain by several actions. From the passage of Act 6/2007, amending the 1979 Act regulating the Constitucional Court, a new procedural configuration is given to the constitutional action for protection of fundamental rights. The reform shifts the main responsibility of their protection to the ordinary jurisdiction. This has served to mitigate the enormous load of work of the Constitutional Court but the number of applications lodged is still disproportionately high in relation to the number of admissions and with regard to judgments that declare the violation of an alleged fundamental right. This has endogenous, but also and principally, exogenous reasons which are outbound of the own work dynamics of the Court. The Court shows a rate of admission of appeals for protection of only 1 % due to reasons that fundamentally escape the control of the Court and that reveal an inefficient use of public funds allocated to grant public legal aid to citizens with disadvantaged economic conditions.