Approach by the spanish National Audience of matter of unconstitutionality against imposition of court fees in the contentious-administrative jurisdiction

Abstract

Through Order of September 6, 2013, the National Audience Contentious- Administrative Section, agrees to raise the issue of unconstitutionality against several provisions of Law 10/2012, of 20 November, regulating certain fees concerning the Administration of Justice and the National Institute of Toxicology and Forensic Sciences and the Royal Decree-Law 3/2013, of February 22, which amends the rates in the field of administration of justice and the legal aid system.

Specifically, to the National Audience Contentious-Administrative Section, Article 8.2 of Law 10/2012, as amended by Royal Decree-Law 3/2013, and Article 1, section nine latter possibly are contrary to Article 24.1 of the Constitution, because the procedural preclusion and the completion of the process may violate the fundamental human right to an effective defence, if the demand for payment of the fee prevents access to the administrative court, and thus to obtain such effective judicial protection.

Similarly, Articles 7.1 and 7.2 of Law 10/2012, as amended by Royal Decree- Law 3/2013, may be contrary to Articles 14, 9.2 and 31 of the Constitution to the extent that they establish an economic system of court fees that disregards the principle of material equality, primarily manifested by the economic capacity of the citizen.