¿Qué fue del recurso de amparo ante el Tribunal Constitucional?
The article studies the evolution and the current situation of the amparo appeal before the Constitutional Court. The question is to analyze the application and results of the reform of the Constitutional Court Organization Act that was held in 2007. The reform was applied with some hesitation initi...
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| Tipo de recurso: | artículo |
| Fecha de publicación: | 2018 |
| País: | España |
| Institución: | Universidad Nacional de Educación a Distancia |
| Repositorio: | e-spacio. Repositorio Institucional de la UNED |
| Idioma: | español |
| OAI Identifier: | oai:e-spacio.uned.es:20.500.14468/11640 |
| Acceso en línea: | https://hdl.handle.net/20.500.14468/11640 |
| Access Level: | acceso abierto |
| Palabra clave: | Recurso de amparo Especial trascendencia constitucional Incidente de nulidad de actuaciones Garantías constitucionales Ley Orgánica del Tribunal Constitucional Amparo Appeal Special constitutional significance Motion for dismissal of proceedings |
| Sumario: | The article studies the evolution and the current situation of the amparo appeal before the Constitutional Court. The question is to analyze the application and results of the reform of the Constitutional Court Organization Act that was held in 2007. The reform was applied with some hesitation initially by the Constitutional Court but finally has been carried to the last consequences. This has produced a positive result, because the Constitutional Court is practically up to date, very far from the situation of unfeasibility that was drawn when the reform was conceived, that is to say, around the year 2006. But the reform continues being criticized for having diminished the guarantees of the defendant. However, the data that the Constitutional Court offers in its reports allow us to confirm that the vast majority of the appeals are inadmissible due to a defective approach. The work proposes as improvements the establishment of amparo chambers in the Superior Courts of Justice and in the Supreme Court and the rigor in demanding the invocation of the fundamental right as soon as it is violated. In addition, it considers advisable that the lawyers expose before the ordinary jurisdiction the embryo of the possible resource of amparo. |
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