Urgent and preferent proceedings regulated in art. 41.1 of the Constitution is incompatible with the incident of nullity
Posted by Manuel Casal | Section Juris. Litigation , Jurisprudence
"That this Court has already declared that, under the protection of fundamental rights, we need to distinguish between two different procedures, one that is applicable in case of infringement of the fundamental right to jurisdiction, and that other applicable invoked when an injury of any other fundamental rights contained in Chapters III and IV of Title II of the Constitution.
When invoked the violation of fundamental right under the jurisdiction of Article 10 of the Constitution, the path is to follow the procedural provisions of article 18 bis of Law 94 and transitory proceedings of law of the Court Constitutional in writing that gave law of 22 April 1999 (in the sense of repeated jurisprudence, both the Constitutional Court, Aunt of 2 July 1999, Aunt of 18 July 2001, Aunt 12 November 2003, as the High Court of Justice Judgments dated 1 February 2000 and 19 April 2001, 30 January 2007, all of the Administrative Chamber).
In the hypothetical case of a breach of any other fundamental rights contained in Chapters III and IV of Title II of the Constitution, the procedure should be used in 1'article 41.1 of the Constitution, which develop Articles 15 to 18 of the Transitional Act proceedings, and that is the way prior to general appeal under Articles 85 to 92 of law of the Constitutional Court, this proceeding, says that the judgment of the Criminal Court dated December 10, 2004, "is a process of constitutional protection that also be" urgent "and" preferred "should be considered" exceptional "to be used as an" ultima ratio "only when for the restoration of constitutional rights violated there is no regular and appropriate legal proceedings for that purpose. "
Article 41.1 of the Constitution reads that "The rights and freedoms recognized in chapters III and IV are protected by the ordinary courts by an urgent and preferent proceedings regulated by law, in any case be transacted in two instances. "
Judgment of the Criminal Division of the Superior Court dated 28/1/10, speaker JM. Pijuan, number 8-10.
Tags: fundamental rights
