More than a hundred lawyers and legal professionals throughout Spain’s National Court filed a lawsuit against the Court Fees Act and asked the judge to suspend the collection in a precautionary manner. In this lawsuit, claiming to be the National Court itself which raises a question of unconstitutionality before the Constitutional Court. Demand is supported by lawyers Alicante, including President of the Association of Young Lawyers of this province, Carlos Frígola. The initiative has come from the Train Ramon jurist, who signs as legal demand with Enrique Concha Arnaldo Jiménez Alcubilla and Shaw.
Sources close to the applicants explained that is to channel the feeling of helplessness that caused all Professional Fees Act that affected that a text is “blatantly unconstitutional.” Estimates have been made that the plaintiffs, courts in Spain have seen a decline of up to 30 percent less in the number of civil proceedings. “The decline in cases against government is even higher, with the perverse effect of actually securing immunity for these acts,” the same sources stress.
The complaint also raises being produced an infringement of effective judicial protection of citizens before Gallardón rates.
The petitioners point out that individuals can not themselves submit a constitutional complaint directly. They can only do 50 deputies, 50 senators, the Prime Minister, the Ombudsman and a government or a regional Parliament. With the method chosen, the application has been lodged with the High Court through an administrative contentious procedure will have to decide who to whether freezing of rates, while raising the question of unconstitutionality Constitutional on this text.