Spanish Constitutional Court, Art. 24 CE: right to effective judicial protection 2024
Art. 24 of the Spanish Constitution guarantees the right to effective judicial protection. We analyse recent Constitutional Court doctrine on defencelessness, access to appeal, reasoning of decisions and the right to evidence.
Content of Art. 24 CE
Art. 24 CE recognises two distinct fundamental rights:
- Art. 24.1 CE: Right of every person to obtain effective judicial protection, with no defencelessness in any case.
- Art. 24.2 CE: Specific procedural rights: predetermined judge, defence and legal assistance, information about charges, public trial without undue delay, relevant evidence, right not to self-incriminate, presumption of innocence.
Key TC doctrine 2023-2024
STC 14/2024: Amparo granted against TS inadmissibility order rejecting cassation for a curable formal defect without allowing remedy. Violation of Art. 24.1 CE through excessive formalism.
STC 89/2024: Amparo granted because the court denied; without reasoning; the decisive economic expert evidence in a civil liability case.
STC 201/2023: Amparo granted against AP judgment confirming criminal conviction without addressing the main appeal argument on circumstantial evidence assessment.
STC 44/2024: Amparo rejected because although notification was irregular, the defendant appeared in proceedings and could exercise their defence in practice; formal, not material defencelessness.
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