Unconstitutionality of seals generic granting summary guardianships

Abstract

The central proposal of this study is that generic restrictions on the concessions of summary injunctions are unconstitutional, because they undermine the guarantee of effective judicial protection, particularly with respect to safeguar­ding the reasonable duration of proceedings. This is because, first, they exclude from judicial consi­deration the possibility of fast protection, which aim precisely to preserve the usefulness of the law (in emergencies) and to inhibit the abuse of the right of defense in a broad sense (in the event of evidence), and second, they break the symmetry between the parties in the dialogue, creating irre­versible benefits in favour of the defendant, in a way the judge cannot readjust, independent of the peculiarities of case.