El Pleno del Tribunal Constitucional («TC») ha declarado la inconstitucionalidad y nulidad del artículo 454 bis.1).I) de la Ley de Enjuiciamiento Civil («LEC») por entender que impide que se recurran determinadas decisiones de los letrados de la administración de justicia, tal y como publica el TC en su nota de prensa.
La actual redacción del artículo en cuestión fue dada por la Ley 37/2011, de 10 de octubre «vulnera el derecho a la tutela judicial efectiva (art. 24.1 CE) porque ha creado un régimen de impugnaciones de las decisiones de los letrados de la Administración de Justicia generador de un espacio inmune al control jurisdiccional».
El párrafo en cuestión establece lo siguiente:
Art. 454 bis.1.I) establece que:
«Contra el decreto resolutivo de la reposición no se dará recurso alguno, sin perjuicio de reproducir la cuestión, necesariamente, en la primera audiencia ante el tribunal tras la toma de la decisión y, si no fuera posible por el estado de los autos, se podrá solicitar mediante escrito antes de que se dicte la resolución definitiva para que se solvente en ella.
Cabrá recurso directo de revisión contra los decretos por los que se ponga fin al procedimiento o impidan su continuación. Dicho recurso carecerá de efectos suspensivos sin que, en ningún caso, proceda actuar en sentido contrario a lo que se hubiese resuelto.
Cabrá interponer igualmente recurso directo de revisión contra los decretos en aquellos casos en que expresamente se prevea.»
En su sentencia de fecha 28 de enero 2020, el TC estima que el artículo en cuestión «no permite descartar la eventualidad de que existan supuestos en los que la decisión del letrado de la Administración de Justicia concierna a cuestiones relevantes en el marco del proceso que atañen a la función jurisdiccional reservada en exclusiva a jueces y magistrados y que, sin embargo, quedan excluidos por el legislador del recurso directo de revisión ante los titulares de la potestad jurisdiccional».
Y soluciona el conflicto entendiendo que «en tanto que el legislador no se pronuncie al respecto, el recurso judicial procedente frente al decreto del letrado de la Administración de Justicia resolutivo de la reposición ha de ser el directo de revisión al que se refiere el propio art 454 bis LEC».
Imagen: Zarateman
53 Comments
Pingback:
find more information
That is very fascinating, You are an excessively professional blogger.
I have joined your feed and sit up for looking
for more of your magnificent post. Also, I have shared your web site in my
social networks
click the following article
Hi! I just wanted to ask if you ever have any issues with hackers?
My last blog (wordpress) was hacked and I ended up losing many months
of hard work due to no backup. Do you have any solutions to prevent hackers?
click the following internet page
I love what you guys tend to be up too. Such clever work and exposure!
Keep up the great works guys I’ve you guys to my own blogroll.
Pingback:
Pingback:
Pingback:
Pingback:
requisitos para contratar una escort en león
Hi, i read your blog occasionally and i own a similar one and i was just
curious if you get a lot of spam comments? If so how do you prevent it, any plugin or anything you can recommend?
I get so much lately it’s driving me crazy so any assistance is very much
appreciated.
click the up coming web site
I for all time emailed this weblog post page to all my friends,
since if like to read it afterward my contacts will too.
solteros 50 opiniones
Generally I do not learn post on blogs, but I wish to say that this write-up
very compelled me to take a look at and do it! Your writing style
has been amazed me. Thank you, quite great article.
Pingback:
Pingback:
Click On this website
Hi there to every one, the contents present at this site are in fact awesome for people knowledge, well, keep up the good work fellows.
click the following article
I am really impressed together with your writing abilities and also with the structure on your weblog.
Is this a paid topic or did you modify it yourself?
Anyway stay up the excellent high quality writing, it’s rare to look a great blog like
this one today..
click the following document
Terrific article! That is the type of info that are meant to be shared across
the web. Shame on Google for not positioning this publish upper!
Come on over and discuss with my web site . Thanks =)
Pingback:
Pingback:
Pingback:
Pingback:
Pingback:
Pingback:
discreet hookup websites
Hello, i think that i saw you visited my weblog so i came to “return the favor”.I’m attempting to find things to enhance my website!I suppose its ok to use some of your ideas!!
https://www.beklist.com/author/alexandrialeed
I was recommended this blog by my cousin. I’m not sure whether this post is written by him as no one else
know such detailed about my difficulty. You are amazing!
Thanks!
Jeffrey
Generally I don’t read post on blogs, however I wish to say that this write-up very
forced me to try and do so! Your writing taste has been amazed me.
Thanks, very nice article.
Sophie
I’m amazed, I have to admit. Rarely do I encounter a blog that’s both equally educative
and interesting, and let me tell you, you have hit the nail on the head.
The problem is something that too few people are speaking intelligently about.
I am very happy that I stumbled across this during my search
for something relating to this.
Vida
My partner and I stumbled over here coming from a different website and thought
I may as well check things out. I like what I see so i am just following
you. Look forward to finding out about your web page repeatedly.
Cody
Hello, after reading this remarkable piece of
writing i am as well happy to share my know-how here
with mates.
https://redlest.com
Hey there! Would you mind if I share your blog with my myspace group?
There’s a lot of folks that I think would really
enjoy your content. Please let me know. Thank you
classifiedsads.top
I have read so many posts on the topic of the blogger lovers however
this article is really a good piece of writing, keep it up.
diamondpropertuk.co.uk
you are truly a good webmaster. The site loading velocity is
amazing. It seems that you are doing any unique trick.
Moreover, The contents are masterpiece. you’ve performed
a wonderful process in this subject!
deccan-properties.com
My brother recommended I might like this blog. He was totally right.
This post actually made my day. You cann’t imagine simply how much time I had spent for
this information! Thanks!
skrealestategoa.com
First of all I would like to say superb blog! I had a quick question in which I’d like to ask if you don’t mind.
I was interested to know how you center yourself and clear your mind prior
to writing. I’ve had a difficult time clearing my thoughts in getting my ideas out there.
I truly do take pleasure in writing but it just seems like the first
10 to 15 minutes tend to be lost just trying to figure out how to
begin. Any recommendations or tips? Cheers!
Pingback:
https://www.propertyeconomics.co.za/
Write more, thats all I have to say. Literally, it seems as though you relied on the video to make your
point. You clearly know what youre talking about,
why throw away your intelligence on just posting videos
to your blog when you could be giving us something enlightening to read?
Emilia
Highly energetic post, I loved that bit. Will there be a part 2?
https://te.legra.ph/Tips-For-Online-Discreet-Hookup-Websites-To-For-Just-Sex-01-13
Hey exceptional blog! Does running a blog similar to
this require a massive amount work? I’ve virtually no understanding
of coding however I had been hoping to start my own blog in the near future.
Anyways, should you have any ideas or techniques for new blog owners please share.
I understand this is off topic but I simply had to ask.
Thanks a lot!
http://localdatingapp561.loxblog.com/post/5/BestCasualHookupAppsToForJustSex.htm
I’m really impressed with your writing abilities and also with the
layout in your blog. Is that this a paid topic or did you
modify it yourself? Anyway stay up the excellent quality writing, it’s rare to see
a nice blog like this one today..
https://anotepad.com/
Thank you for sharing your thoughts. I truly appreciate your efforts and I will be waiting for
your further write ups thank you once again.
Ross
Thank you for the auspicious writeup. It in fact was a amusement account it.
Look advanced to far added agreeable from you! By the way,
how could we communicate?
glow4d link alternatif
Piece of writing writing is also a fun, if you know afterward you can write or else it is difficult to
write.
Sex Dating
Excellent blog here! Also your web site loads up fast!
What host are you using? Can I get your affiliate link to your host?
I wish my website loaded up as fast as yours lol
Sex Dating
An interesting discussion is worth comment. I believe that you should
write more about this issue, it might not be a taboo
subject but typically people don’t talk about such subjects.
To the next! All the best!!
Sex Dating
I’m not sure where you’re getting your info, but great topic.
I needs to spend some time learning more or understanding more.
Thanks for great information I was looking for this info
for my mission.
Sex Dating
I couldn’t resist commenting. Very well written!
Sex Dating
Hi, I check your blog like every week. Your humoristic style is
witty, keep doing what you’re doing!
Sex Dating
Hi to all, it’s actually a good for me to go to see this website, it contains valuable Information.
Sex Dating
Hey there just wanted to give you a quick heads up.
The text in your content seem to be running off the screen in Internet explorer.
I’m not sure if this is a formatting issue or something
to do with web browser compatibility but I thought I’d post to let you know.
The layout look great though! Hope you get the problem fixed soon. Kudos
Pingback:
link
Thank you for sharing your thoughts. I truly appreciate
your efforts and I am waiting for your next write ups thank you once again.
Donte
Thanks for some other great article. Where else could anybody get that kind of information in such a perfect means of writing?
I’ve a presentation next week, and I am at the look for such
information.
najlepsze escape roomy
hello there and thank you for your information – I have certainly
picked up something new from right here. I did however expertise several technical points using this
site, as I experienced to reload the web site lots of times previous to I could get it
to load properly. I had been wondering if your hosting is OK?
Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and could damage your quality score if ads and marketing with Adwords.
Well I’m adding this RSS to my e-mail and can look
out for a lot more of your respective exciting content.
Ensure that you update this again soon.. Lista escape room
ImogenO
Very interesting information!Perfect just what I was looking for!.