Article 47 of the charter of fundamental rights before spanis courts-reasonable accomodations without structural changes.

• Luis Arroyo Jiménez ^[1] ; Raúl Cancio Fernández
  1. [1] Universidad de Castilla-La Mancha

     Universidad de Castilla-La Mancha

     Ciudad Real, España

     
• Localización: Cátedra Jean Monnet. Derecho Administrativo Europeo y Global: [Preprints series of the Center for European Studies Luis Ortega Álvarez and the Jean Monnet Chair of European Administrative Law in Global Perspective], Nº. 2, 2023
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • This chapter addresses the question of how Spanish courts apply Article 47 of the Charter from both a quantitative and qualitative standpoint. It shows, on the one hand, that Article 47 is very frequently quoted by Spanish lower and higher courts alike. National courts have also made many references for preliminary rulings of the Court of Justice about Article 47, the general principle of effective judicial protection, and the principle of the effectiveness of EU law. We claim that the evolution of judicial decisions citing Article 47 of the Charter, as well as the differences observed in terms of the type of court and the area of law are associated with certain peculiar features of Spanish law. While the chapter illustrates that Article 47 has not had a structural impact on the Spanish domestic legal order, this provision has led to some adjustments in terms of the right to access to a court, the rights of defence, the right to legal counsel, the principle of equality of arms, and the scope of judges’ powers. Overall Spanish courts have correctly applied Article 47 of the Charter and the relevant case law of the Court of Justice of the European Union, yet there are two important exceptions: the lack of examination of whether a case falls within the scope of EU law, and the doctrine of the Constitutional Court regarding how it is bound by Article 47.