A decade after the appeal for annulment: Clarification, reform o deletion Articles uri icon

authors

  • GOMEZ FERNANDEZ, MARIA ITZIAR
  • MONTESINOS PADILLA, CARMEN

publication date

  • August 2018

start page

  • 71

end page

  • 102

issue

  • 113

volume

  • 38

International Standard Serial Number (ISSN)

  • 0211-5743

abstract

  • The effective defence of fundamental rights is at stake after the reforms of the appeal for annulment and the constitutional appeal for protection of fundamental rights. They caused a scenario of legal uncertainty that should become clear as a first step towards an effective procedural strategy. This eminently practical paper tries to collaborate in this task, designing litigation strategies and addressing both the procedural issues that refer to the filing of the appeal for the annulment, and its use as a tool to limit the access to the Spanish Constitutional Court. The objective is to reduce the risks of rejection of the appeal for annulment and of the consequent constitutional appeal for protection of fundamental rights.

keywords

  • appeal for annulment; appeal for protection of fundamental rights; fundamental rights; procedural guarantees of fundamental rights