CONSTITUTIONAL LAW

The Department of Constitutional Law of our firm is headed by Dr. Raul Sapena Brugada, former Minister of the Supreme Court and the Constitutional Court for nine years, and Dr. Josefina Sapena, former Attorney Public Prosecutor, when there was that office, and dictated internally to the Attorney General regarding the advisability of accepting or rejecting the actions / exceptions of unconstitutionality filed against laws or judicial decisions. Moreover, for 6 years served as “Relatora” of the Minister Luis Lezcano Claude, also a member of the Constitutional Court. He wrote several books on the subject.

The presence of experts is important because Constitutional Law, as is to challenge laws and judicial decisions, has a very important procedural aspect,-most of the actions / exceptions of unconstitutionality are rejected on procedural grounds-, despite to have very bare legal references, in the Act 609, "Wich Organizes the Supreme Court of Justice”, the Constitution itself, and the Civil Procedure Code, as applicable to it. This multiplies the importance of the few legal references, which must be managed and applied with expert criteria.

Furthermore, the interpretation of Constitutional background law is very difficult, as it relies on a few articles of the Constitution, and the interpreter can not refer to the principle of similar laws, or to the Mother Law, as in the private law, which should never neglect the principles of Civil Law. Most people choose the item that suits them and think they know what the Constitution mandates. The reality is quite different: the justices of the Constitutional Court must address each item within the Constitution as a whole, including its principles. For example, if an interpretation violates the "dignity", it can not be correct and must be re-analized, prolonging the trial, itself extended in time.

We consider a matter of honor not to give false hopes to our clients and enlighten them on the real possibilities of winning the trial, and also about the the total and real cost of it.