GIUV2018-417
The research activity carried out by this group focuses on two essential and complementary aspects of legal activity. On the one hand, in the study of process as an instrument for obtaining effective judicial protection, when in the development of a legal relationship a conflict has arisen or a rule of a criminal nature has been violated, which compromises the essential values and principles of our society, producing in both cases an alteration of social peace and an affectation of legal security, which are essential for the progress of any nation. On the other hand, in the analysis of the complementary instruments to the jurisdiction capable of offering - or not - effective protection of the right and legitimate interests of individuals, when these are compromised in the different areas: civil, criminal, labour or administrative. As a corollary, the research that this group is developing and will develop involves tackling Article 24 of our Constitution form an interdisciplinary, critical and broad position, which involves a review of constitutional jurisprudence in this respect and its extension to the international sphere, especially that of the EU. Thus, the members of this...The research activity carried out by this group focuses on two essential and complementary aspects of legal activity. On the one hand, in the study of process as an instrument for obtaining effective judicial protection, when in the development of a legal relationship a conflict has arisen or a rule of a criminal nature has been violated, which compromises the essential values and principles of our society, producing in both cases an alteration of social peace and an affectation of legal security, which are essential for the progress of any nation. On the other hand, in the analysis of the complementary instruments to the jurisdiction capable of offering - or not - effective protection of the right and legitimate interests of individuals, when these are compromised in the different areas: civil, criminal, labour or administrative. As a corollary, the research that this group is developing and will develop involves tackling Article 24 of our Constitution form an interdisciplinary, critical and broad position, which involves a review of constitutional jurisprudence in this respect and its extension to the international sphere, especially that of the EU. Thus, the members of this research group have been paying special attention to European and international law, through participation in various research projects, publications and courses on the procedural activity of international courts, the recognition and enforcement of foreign judgments - or not - as well as international legal cooperation.
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- Consolidacion de un grupo estable. Liderazgo y participacion en proyectos de investigacion sobre la materia. Publicaciones y difusion de resultados.
- Delimitation and scope of article 24 of the Constitution, with special attention to the case-law of the TC.Article 24 of the Spanish Consitution is the article most frequently invoked in constitutional appeals, which contains the most important list of fundamental rights of a procedural nature in our legal system, and a study that updates its complex content in the light of case law is essential.
- Delimitation, scope and nature, where appropriate, of the right to effective protection.Lately, the existence of an alleged fundamental right to effective protection has been asserted, based on Article 24.1 of the Spanish Constitution. A rigorous study is necessary in order to reach a conclusion in this resepct, which makes access to the process compatible with other complementary instruments.
- Process and complementary jurisdiction means.This line of research will deal with complementary means ¿ mediation, arbitration and conciliation ¿, from a strictly procedural perspective. Firstly, it will analyse their compatibility with the right to judicial protection, their inclusion in the different processes and their impact on them.
- International legal cooperation.This kind of cooperation is necessary in a globalised world. To this must be added the areas of political and ecnomic integration, such as the EU. The free movement of people and goods, and effective international judicial protection make cooperation between states essential.
| Name | Nature of participation | Entity | Description |
|---|---|---|---|
| FRANCISCO JAVIER JIMENEZ FORTEA | Director | Universitat de València | |
| Research team | |||
| CAROLINA SANCHIS CRESPO | Member | Universitat de València | |
| VIRGINIA PARDO IRANZO | Member | Universitat de València | |
| MANUEL ALEGRE NUENO | Collaborator | Universitat de València | |
| MARTA CANTOS PARDO | Collaborator | Universitat de València | |
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- Administrative and Procedural Law
- Artículo 24 CE; tutela judicial efectiva; proceso con todas las garantías; jurisprudencia constitucional
- Tutela efectiva; instrumentos complementarios
- Proceso; mediación; arbitraje; conciliación
- Cooperación jurídica internacional; reconocimiento de resoluciones; ejecución de resoluciones; prueba
