Commentary on the Sentence of the Constitutional Court 140/2016, of July 21, on the Law 10/2012, by which certain rates are regulated in the scope of the Administration of Justice

Authors

  • Juan José González López

DOI:

https://doi.org/10.18042/cepc/redc.113.09

Keywords:

Fee por the exercise of jurisdiccional power, unconstitutionality, right to effective judicial protection, proportionality, responsibility of the legislating State.

Abstract

The Judgment under review declares the unconstitutionality of various precepts of Law 10/2012, of November 20, which regulates certain fees in the area of the Administration of Justice and the National Institute of Toxicology and Forensic Sciences. In the context of this study, the article deals with the relationship between the fee for the exercise of jurisdictional power and the right to effective judicial protection, as well as the effectiveness of the Judgment from the point of view of the patrimonial responsibility of the legislating State.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES