STC 107/2024: Nullity and default judge

Constitutional Court · STC 107/2024

Issue examined

The appeal concerns the decisions of The Criminal Chamber of the National High Court on progress in prison.

Summary published by the Constitutional Court

Violation of the right to effective judicial protection (inangibility of final court decisions): improper use of the incident of nullity of proceedings to the detriment of the appellant on the basis of the protection of the right of the ordinary judge predetermined by the law that no legitimate party had invoked. Individual vote.

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.