El juicio verbal y la tutela judicial efectiva: Desajustes del modelo establecido en la Ley de Enjuiciamiento Civil

Abstract

Conciliation, mediation and arbitration are traditional means for the resolution of legal conflicts, which are shaped and promoted as alternatives to the judicial process. Nevertheless, the judicial process, which is the only mean for the resolution of legal conflicts expressly recognized in the Spanish Constitution to exercise the right to an effective judicial protection, is not only the last option to solve the conflict but also the ultimate guarantee of defense against possible breaches occurred within the alternative process chosen. The Spanish juicio verbal (mainly oral and simplified civil procedure in court) is the most frequently used procedure in the Spanish Civil and Commercial areas. This is why we intend to approach it from the perspective of the Spanish Constitutional Jurisprudence in order to establish the cases where there is or there has been an impossibility or rejection to exercise the right to an effective judicial protection.