Protection of fundamental rights through the incident of nullity of actions

Authors

  • Manuel Carrasco Durán

Keywords:

Motion for dismissal of judicial proceedings, amparo, fundamental rights, jurisdiction, subsidiarity

Abstract

The Organic Act 6/2007 has sought to compensate for the restriction of access to the amparo before the Constitutional Court by extending the motion for dismissal of judicial proceedings (regulated in the Organic Act for the Judiciary and in the Civil Procedure Act) to cover the protection of all fundamental rights mentioned in article 53.2 of the Constitution. It has thus sought to strengthen the role of courts both as guarantors of fundamental rights and as filters to access the amparo. This new legislation will become ineffective, however, if some other aspects of the motion are not modified. In particular, it would be necessary to rethink the limitation of the motion to judicial proceedings that cannot be appealed in any other way and the attribution of jurisdiction to rule the motion to the same court that previously issued the decisions appealed.

Issue

Section

STUDIES