Procedural protection of vulnerable persons: fitting the judicial process

Abstract

A new legal category is taking hold in the regulatory environment. The status of vulnerable person or group is now recognized legally, both in substantive regulations and, directly or indirectly, in the procedural sphere. It is important to determine the areas of vulnerability and, consequently, their potential procedural consequences, primarily in view of the possible evolution toward a judicial procedure adapted to the situation and needs of vulnerable individuals, allowing them to obtain truly effective judicial protection from their initial disadvantaged or unequal position in the process. The traditional balance between legality and discretion in the application of procedural rules will be weighed based on the principles of flexibility and proportionality as the axes on which to proceed with the relevant procedural adaptation.