Democracy versus effective protection of the court, right defense and procedural time

Abstract

Meet the discredit of the judicial current order problem we think about the convenience of knowing which the common features are, it means, the three pillars that should guide any jurisdictional fair system, like the defense right, effective protection of the court and the procedural time. Then we stop in the consequences of that problem and like it can be corrected inside the European Union with the objective of reaching «An Europe of the Law and the Justice », just as it the PROGRAM DE STOCKHOLM establishes. By that, the effective protection of the court constitutes the fundamental base of the State of Right, supported constitutionally (justice, artificial security, legality, etc.) and it articulates the individual underlying guarantees in the jurisdictional processes. This way, because the access to the Justice, endorsed by the effective protection of the court to personal title and a Jurisdictional Control on the Public Administrations are manifestations of the scale of values that sustains the modern social and democratic state of right and they are perceived by the civil society as constituent factors of the political legitimation; when this manifestations are depreciated socially, a distancing takes place between the Institutions and physical people that anything good they denounce, according to the European historical experience.