GIUV2015-242
The research activity to be carried out by the "New Conflicts and Process" Research Group focuses on the study of the constant adaptation of procedural rules to the new conflicts generated in society, both by the economic crisis - which requires an interpretation of the legal system in accordance with the context in which it is applied - and by the growing evolution of legal relations through the information society, and, in general, by the massification of litigation. The procedural instrument must be adequate to enable both individuals who bring cases before the courts and the courts to obtain and grant, respectively, judicial protection of rights and legitimate interests. The lack of adaptation of procedural rules to the new conflicts generated by today's society can be an obstacle to obtaining effective judicial protection (art. 24 EC), one of the fundamental rights enshrined in our Constitution. In civil proceedings, for example, there is an increasing tendency to socialise them, moving from individual proceedings between two opposing parties to proceedings for the defence of collective interests of general scope, the defence of which cannot, for practical reasons, be the...The research activity to be carried out by the "New Conflicts and Process" Research Group focuses on the study of the constant adaptation of procedural rules to the new conflicts generated in society, both by the economic crisis - which requires an interpretation of the legal system in accordance with the context in which it is applied - and by the growing evolution of legal relations through the information society, and, in general, by the massification of litigation. The procedural instrument must be adequate to enable both individuals who bring cases before the courts and the courts to obtain and grant, respectively, judicial protection of rights and legitimate interests. The lack of adaptation of procedural rules to the new conflicts generated by today's society can be an obstacle to obtaining effective judicial protection (art. 24 EC), one of the fundamental rights enshrined in our Constitution. In civil proceedings, for example, there is an increasing tendency to socialise them, moving from individual proceedings between two opposing parties to proceedings for the defence of collective interests of general scope, the defence of which cannot, for practical reasons, be the responsibility of individual parties. As far as criminal proceedings are concerned, the planned reform of these requires the incorporation of the doctrine developed by the TC - and which has been the subject of detailed study by this research group. This research group already has a long track record, backed up by nationally and internationally subsidised research projects, which have analysed issues such as techniques to improve the effectiveness of certain rights; the reform of civil procedure and its current application by legal professionals; the system of appeals before the high courts of justice, the reform of criminal procedure or the right to appeal in criminal procedure, the latter being the subject on which it is currently working.
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- Elaboracion y difusion de publicaciones cientificas, organizacion de actividades de investigacion y difusion de resultados
- Adapting the process to new legal conflicts.The constitution of legal relations through the information society, telematic communications and the existence of conflicts whose agents operate exclusively in the digital sphere, requires that the means of protection of the subjects involved in this conflict be adapted to it.
- Means for civil justice face to mass litigation. Especially, representative actions and model-procedure regime.In turn, the establishment of legal relationships in a standardised way as a result of mass industrial production creates conflicts concerning a wide range of people who are affected by a common cause. Civil justice must articulate mechanisms that allow citizens to be provided with judicial protection without undermining the due guarantees, at the same time as optimising the resources available to respond to this mass litigation.
- Means for civil justice face to mass litigation. Especially, representative actions and model-procedure regime.In turn, the establishment of legal relationships in a standardised way as a result of mass industrial production creates conflicts concerning a wide range of people who are affected by a common cause. Civil justice must articulate mechanisms that allow citizens to be provided with judicial protection without undermining the due guarantees, at the same time as optimising the resources available to respond to this mass litigation.
- Criminal justice and human rights.Analysis of the criminal process from the perspective of its incidence and impact on human rights, mainly through the practice of various criminal investigation techniques and in particular with those of a technological/digital nature. Identification of constitutional rights involved and determination of criteria for action by the public authorities for their impact; realisation of the procedural effects derived from the undue or disproportionate impact of the same.
| Name | Nature of participation | Entity | Description |
|---|---|---|---|
| Research team | |||
| M JOSE MASCARELL NAVARRO | Member | Universitat de València | |
| JOSE R JUAN SANCHEZ | Member | Universitat de València | |
| JOSE BONET NAVARRO | Member | Universitat de València | |
| RAFAEL BELLIDO PENADES | Member | Universitat de València | |
| ALICIA ARMENGOT VILAPLANA | Member | Universitat de València | |
| LUIS ANDRES CUCARELLA GALIANA | Member | Universitat de València | |
| JOSE MARTIN PASTOR | Member | Universitat de València | |
| PATRICIA LLOPIS NADAL | Member | Universitat de València | |
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- Administrative and Procedural Law
- process, conflicts, adaptation of procedural rules
- Litigios-masa, acciones de representación, proceso-modelo.
- Conflictos, proceso, métodos alternativos o complementarios, adaptación de normas procesales
- Proceso penal, derechos humanos, actos de investigación criminal, nuevas tecnologías
