The Amicus Curiae in the Spanish Constitutional Jurisdiction

Authors

  • Felipe Bauer Bronstrup Universidad de Sevilla

DOI:

https://doi.org/10.18042/cepc/redc.108.06

Keywords:

Amicus curiae, constitutional jurisdiction, constitutional procedure, third party intervention

Abstract

The procedural figure of the amicus curiae, well developed in the common law system, allows third parties, outside a debate in the constitutional scope, to apply in order to become a member in the procedure, aiming to contribute with new elements that may be useful to the resolution of the case. Despite its constitutional significance, Spain does not have any specific regulation around this procedural subject, being the «coadyuvante» («intervener») the closest to it. This article is intended to analyze the admission of an amicus curiae in the Spanish constitutional procedure.