BOOK CHAPTER (275-308)
KEYWORDS
ABSTRACT
The main purpose of this article is to analyze the problems that European judges have to face daily in relation to effective judicial protection,
as well as to highlight the instruments that we have at our disposal. In addition, this article also studies the jurisprudence of the European Court
of Human Rights in relation to said right and the interaction of the same
with the mediation.
As a judge, I am very familiar with the real problems that we have to
continually address in order to respect human rights when we apply our
national law and European law, bearing in mind that there are no concrete
answers to the Conventions. This is why I have decided to write about
it and give a practical overview of the subject.
The purpose of the article is to reflect, not only on the basis of the
right to effective judicial protection, but also on how it materializes in the
daily work of a court. Finally, I intend to show how mediation in judicial
matters respects this right and can make it more effective.
REFERENCES (24)
1.
Cordón Moreno F. (2004), The right to effective judicial protection, fundamental procedural rights. Manuals of training of the Spanish Council for the Judiciary, 22-2004.
2.
Directives 2008/52/EC, 2010/64/EU, 2012/13/EU, 2013/11/EU.
3.
European Charter of Human Rights and Fundamental Freedoms, article 47.
4.
European Convention of Human Rights, article 6.
5.
European Court of Human Rights case law is available in the Internet, at the website hudoc.echr.coe.int.
6.
Guide to the practice of intra-judicial Mediation. Spanish General Council of the Judiciary.
7.
Gutiérrez López F. (2016), Public expenditure and functioning of the administration of Justice in Spain between 2004 and 2013, Special reference to the autonomous community of Andalusia, comparison with other European countries.
8.
Hoyos Sancho M. (2011), Approximation of criminal procedures in the European Union and mutual recognition of judgments and judicial decisions following the Treaty of Lisbon. Digital notebooks of the Spanish Council for the Judiciary. 4-2011.
9.
Inter-American Court of Human Rights rulings, available at the website www.corteidh.or.cr/index.php/jurisprudencia.
10.
Polish Constitution 1997, article 45.
11.
Rebooting the Mediation Directive, Directorate-General for Internal Policies of the European Parliament.
12.
Sáez Valcárcel R. (2007), Restorative Mediation in the criminal process. Reflection from an experience.
13.
Spanish Constitution 1978, article 24.
14.
Spanish Constitutional Court rulings: 99/30 September 1985, 64/1988 April 12, 89/1995.
15.
July 19, 48/1984, 31/1989, auto 100/1996 April 24, 115/2002, 270/2005 October 24, 69/2005 4 April, 152/1992 October 4.
16.
Spanish Criminal Procedure Code, article 786.1, 527.
17.
Spanish Jury Law 5/1995, articles 52 and 70.
18.
Spanish Law 5/2012 July 6, 15/2005 July 8.
19.
Spanish Organic Law 13/2015, 5/2015.
20.
Spanish Supreme Court rulings: 330/2015.
21.
Superior Court of Justice of Cantabria, social section, ruiling 244/2004.
22.
The 2016 EU Justice Scoreboard, EUROPEAN COMMISSION.
23.
The case of the criminal mediation applied to less serious offences. 2013. Central Service of publications of the Basque Government.
24.
Treaty of Lisbon, article 3.