Ita Ius Esto. Chequeo a la tutela efectiva prometida.

The principle of effective judicial protection is a procedural safeguard enshrined in the Spanish Constitution of 1978. During the early years of constitutional jurisprudence, its invocation played a pivotal role in eliminating regulations, practices, and behaviors that hindered the efficiency and fairness of judicial proceedings. Over time, however, this principle has often been reduced to a rhetorical device—frequently cited in legal arguments in hopes of prolonging litigation or elevating disputes to higher courts, both domestically and internationally. Despite its prominence, the real impact of invoking effective judicial protection has increasingly produced marginal gains in terms of practical outcomes.

This book brings together a collection of legal analyses, courtroom practices, and case studies centered on precautionary measures and enforcement proceedings, viewed through the lens of the constitutional promise of effective protection. These areas are widely recognized as the ultimate testing ground for whether a trial delivers real justice. By revisiting the doctrine surrounding the essential elements of effective protection and comparing it with the actual development of cases in procedural history, the authors assess how much protection is genuinely afforded to citizens—when, how, and with what limitations. The conclusion is clear: without a radical shift in judicial attitudes, practices, and timelines, the ideal of effective protection risks becoming an empty formality, far removed from its intended role as a cornerstone of procedural justice.

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