Crisis of the appeal constitutional? Protection palliative care and potential systematic transplantation. Regarding the “ERE” judgments

Authors

  • Luís Rodríguez Ramos

DOI:

https://doi.org/10.18042/cepc/redc.134.08

Abstract

The constitutional protection appeal is in crisis, requiring palliative care in its final stages of life in order to be reborn, overcoming the current aporetic jurisdictional binary incompatible with the unity of the legal system. This therapy requires short- and medium-term de lege ferenda solutions. The diagnosis that advises this two-phase surgical therapy is the identity of the jurisdictions of the constitutional and ordinary jurisdictions at this point, which prevents drawing a boundary between the two beyond a strictly functional one. This identity generates positive conflicts of jurisdiction but, above all, negative that leave the plaintiff defenseless. This problem is compounded by the problems of partiality and arbitrariness that currently affect the Constitutional Court.

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Published

2025-08-04

How to Cite

Rodríguez Ramos, L. (2025). Crisis of the appeal constitutional? Protection palliative care and potential systematic transplantation. Regarding the “ERE” judgments. Revista Española De Derecho Constitucional, (134), 243–280. https://doi.org/10.18042/cepc/redc.134.08

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES