STC 103/2019: Exhausting the judicial process before amparo

Constitutional Court · STC 103/2019

Issue examined

The appeal relates to decisions handed down by the Provincial Court of Barcelona and a pre-trial investigation court resulting from the filing of a complaint for a possible offence of misappropriation.

Summary published by the Constitutional Court

Alleged violation of the right to effective judicial protection (access to justice): Inadmissibility of the constitutional protection appeal filed without having exhausted the previous judicial remedy.

The file retains the distinction between violation and alleged violation used by the source. In order to know the judgement, the grounds and the individual votes must be consulted the full resolution.