Information Note on the Court’s case-law 27

February 2001

Rodríguez Valín v. Spain (dec.) - 47792/99

Decision 8.2.2001 [Section IV]

Article 6

Criminal proceedings

Article 6-1

Access to court

Impossibility of lodging an amparo appeal to the Constitutional Court by post: admissible

The applicant, a lawyer, was fined for a minor offence and ordered to pay damages. The appeal court upheld this decision in a judgment of 2 July 1997 which was served on the applicant on 20 September 1997. He decided to lodge an amparo appeal against the judgment with the Constitutional Court. The appeal had to be filed within a statutory time-limit of twenty working days followi ng service of the judgment. On 14 October 1997, the date on which this period expired, the applicant lodged his appeal in a registered letter posted from his place of residence in Galicia. The appeal was received at the registry of the Constitutional Court on 15 October. The Constitutional Court dismissed the appeal as being out of time, holding that it was established case-law that in order to be valid, amparo appeals had to be filed at the seat of the Constitutional Court in Madrid or, in exceptional case s, at the seat of the Madrid duty court.

Admissible under Articles 6 § 1 and 14.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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