Taking rights seriously, the amparo appeal rearrangement and the reform of the Organic Law of the Judicial Branch

Abstract

In this paper, while discussing the regulation of fundamental rights in the Proposal of Ammendment of the Judicial Branch Act, drafted by the Institutional Committee established by resolution of the Council of Ministers of March 2, 2012, Proposal issued in February 2013, we review the issues raised in the field of the procedural management of fundamental rights in Spain. The two proposed reforms in the area of our interest are: the establishment of a procedure to guarantee the effectiveness of the European Court Judgments in Spain and the disappearance of a procedural mechanism that was established in 2007 («nulidad de actuaciones»/«annulment of the procedures»). The former is welcome, though the fact that perhaps it is also necessary to reform the Organic Law of the Spanish Constitutional Court (Constitutional Court Organization Act, LOTC hereinafter) is suggested. The latter is also positively valued, but the establishment of additional guarantees, such as specialized Chambers in High Courts of the Autonomous Communities and a Chamber of the same type in the Supreme Court is considered necessary. A more literal application of the LOTC requirement of the invocation of the right as soon as it has been violated is also suggested which should improve the protection of rights.