The reform of the legal and procedural regime of amparo in Spain.

La reforma del régimen jurídico-procesal del recurso de amparo en España.

Fernández Segado, Francisco
Detalles Bibliográficos
2016
Español
Universidad Católica del Uruguay
LIBERI
https://revistas.ucu.edu.uy/index.php/revistadederecho/article/view/840
https://hdl.handle.net/10895/4089
Acceso abierto
Resumen:
Sumario:Abstract. The author analyzes in detail the reasons which lead to the reform of the Organic Law of the Constitutional Court (LOTC), in effect pursuant to organic law nr. 6/2007 of May 24, 2007. Some factual information: significant increase in the number of injunctions altering the functioning of the Court, hyperlitigation and elements whichare not within the scope of the Court, such as the judgment of First Instance renderedby the Supreme Court on January 23, 2004. This paper analyzes the modifications and distinguishes: a) the objectification of the injunction; b) the inversion of the filing proceeding; c) the formalization of the rejection; d) the principle of deconcentration and the authorization obtained by the different divisions to solve injunctions. The reform derives mainly from common problems in terms of injunctions outside Spain. For this reason, the study of the experience said country has had and the legislative reform approved are of great interest outside the specific framework of Spanish law.