El ruedo ibérico y la cuestión prejudicial. Sobre la futura derogación del recién estrenado artículo 43 bis de la Ley de Enjuiciamiento Civil

Abstract

The repeal of Article 43 bis of the Spanish Civil Procedure Act would constitute a mistake, the consequences of which would be an increase in legal uncertainty and a less effective judicial protection for citizens, without, obviously, affecting the ability of Spanish judicial bodies to refer a preliminary question to the Court of Justice, but creating regrettable dysfunctions, nonetheless. What is essential is to promptly address the issue of European compatibility and constitutionality of the amnesty proposal, instead of attempting to circumvent, hinder, postpone, or undermine its full judicial scrutiny. We are facing a situation where, perhaps, it is justified to deviate from the doctrine of our Constitutional Court that gives priority to European prejudicial questions over the issue of unconstitutionality, and simultaneous prejudicial review may be appropriate.