The perversity of judicial fees in the constitutional system
Main Article Content
Vol. 21 (2017), Doctrine, pages 27-43
Submitted: Jan 15, 2018
Accepted: Jan 15, 2018
Published: Jan 18, 2018
Abstract
The Court Fees has constituted a tax figure that has been rejected by all law professionals because of the limiter nature of judicial protection right. Constitutional Court has implemented jurisprudential patches about this tribute deleting gradually a large part of fee to solve the severe constitutionals and tax deficiencies. Its constitutional justification had in legal aid free the regulatory support. However it has been proved that the legitimate aim has not fulfilled. In any case, one tribute with the tax nature and also procedural effects was condemned to its elimination, like in this way has been despite of the insufficient and gradually constitutional adaptation process
Keywords:
fees, judicial protection right, procedural effects, appeal procedures, purchasing capacity, equivalence and legal aid free
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References
CAAMAÑO ANIDO: http://www.expansion.com/juridico/actualidadtendencias/2016/09/29/57ecf3d9468aeb3d198b4600.html
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PICÓ Y JUNOY: Las garantías constitucionales del proceso, Bosch Procesal, Barcelona 2012. RODRIGUEZ CARBAJO: “Las tasas judiciales: retorno a 1959”, Actualidad administrativa, Nº 19-20, 2012.