CONTRACCIONES Y DILATACIONES EN LA REFORMA DE LA LEY ORGÁNICA DEL TRIBUNAL CONSTITUCIONAL: PARTO PREMATURO DEL INCIDENTE DE NULIDAD DE ACTUACIONES E INCONGRUENCIA OMISIVA
Keywords:
EFFECTIVE JUDICIAL PROCESS, JURISDICTIONAL FUNCTION, GUARANTEES OF FUNDAMENTAL RIGHTS, CONSTITUTIONAL ACTION, NULLITY OF PROCEEDINGS, MOTION PETITIONING THE JUDGE TO DECLARE THE ANNULMENT OF PROCEEDINGS, MOTION TO VACATE PROCEEDINGS, FAILURE TO PROVIDE AN ADEQUATE STATEMENT OF GROUNDS, DEFECT OF FORM, RIGHT TO DUE TO PROCESSAbstract
The present article analyses the recent reform of the Organic Law of the Constitutional Court, LO 6/2007, 24th may. More specifically this article focus on the enlargement that it carries out of the objective scope of motion for the annulment of the proceedings with the purpose of increasing the role of the judges and courts in the guarantee of the fundamental rights and of avoiding with it the case overload of the Constitutional Court. After an analysis of the evolution of the incident of nullity, of the problems that in this figure have caused the last legislative reforms, as
well as of the uncertainties that its narrow connection with the constitutional appeal, the authoress concludes that the reform operated in this previous process does not achieve the purpose that is pursued
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