The Fundamental Right of Access to Justice for Consumers

  • María José Catalán Chamorro Universidad de Valencia (España)
DOI: https://doi.org/10.18543/ed-66(2)-2018pp323-346
Keywords: Access to justice, Consumers, Consumer´s rights, ADR and ODR

Abstract

The Access to justice is nowadays a fundamental right recognizes by the Spanish Constitution at article 24 throughout the right to obtain the effective protection of the Judges and the Courts as well as the right to Justice shall remain free for those who have insufficient means to litigate according to the article 119 of the Spanish Constitution. However, the blurring of these rights happened when we try to claim consumer ´s rights. In this paper, we analyze how Cappelletti theorized, through his book General Report Access to justice, the three basic waves for the break down barriers to access to justice. This theory reflects the steps in this implementation taken by the European Union in order to improve the consumer´s access to justice.

Received: 30 October 2018
Accepted: 21 November 2018
Published online: 27 December 2018

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Published
2018-12-27
How to Cite
Catalán Chamorro, María José. 2018. “The Fundamental Right of Access to Justice for Consumers”. Estudios De Deusto 66 (2), 323-46. https://doi.org/10.18543/ed-66(2)-2018pp323-346.
Issue
Vol. 66 No. 2 (2018)
Section
El derecho a la tutela judicial efectiva

Last update: 08/02/2022

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