Court fees: between proportionality and the politics of fundamental rights

Authors

  • Fernando Álvarez-Ossorio Micheo

Keywords:

Court fees, right to court protection, proportionality principle, State of Law

Abstract

Imposing a fee on use of the court system by law is a political decision that is possible under our legal system. However, since such fees constrain the right to effective legal protection (ie, the right to take a suit to court), they can only be created if they are proven necessary and suitable to protect other constitutional values or goods and if they meet the test of strict proportionality. However, even if they might pass the constitutionality test in theory, they may not do so in practice, ie, when the same test is applied to specific cases in which the objective amount of the fee could impede the exercise of the right to legal redress (or make it pointless) should the right-holder be unable afford it or when the claim is for a small amount.

Issue

Section

NOTES