La incidencia de los requisitos de especial trascendencia constitucional española y del perjuicio importante europeo en la protección de los derechos fundamentales

Identifier:  TDX:4230

Handle: https://hdl.handle.net/20.500.11797/TDX4230

Authors:  Sopena González, Xavier

Abstract:
The collapse resulting from the success of the appeals has meant that Spanish and European lawmakers have had to toughen the requirements for admissibility. Based on two underdetermined criteria, that of particular constitutional transcendence mandated by Organic Law 6/2007 of 24 May, amending the Organic Constitutional Court Act 2/1979 of 3 October, and that of significant disadvantage established in Protocol Number 14 to the European Convention, both courts have been entrusted with the task of curbing actions and speeding up the admission processes. Over the course of these years, the two jurisdictions have focused on specifying the criteria that identified the two requirements, but the advances have not been decisive as there are still many questions that need to be resolved in relation to their content. The requirement to justify special constitutional transcendence and the wide margin of the Court to reject appeals for a breach or absence of the requirement have acted as a discouragement for appellants, resulting in a feeling of legal uncertainty. Because of inadequate regulation, the incident of annulment of proceedings envisaged in the Law has also failed to soften the repercussion of the objectivation of unconstitutionality.