El diálogo entre tribunales europeo y nacionalsu incidencia en derecho procesal español

Zusammenfassung

In recent times, the procedural literature has been speaking of a certain rupture of the classic principles of civil procedure following the jurisprudence dictated by the Court of Justice of the European Union or, in particular, its highest Court (Court of Justice); this takes place especially in the context of preliminary rulings promoted by the Spanish courts in relation to a specific matter such as the appreciation of unfair terms by the judge of the instance, being required from Luxembourg his ex officio control. Therefore, it is purpose of this work to proceed with the analysis and reflection of the incidence of this European case-law within the Spanish civil procedure modifying national legislation and jurisprudence.Then it shall be examined here the European case-law in relation to the subject of abusive clauses as well as the procedural instrument that allows this jurisdictional cooperation between the European and national courts graphically called “dialogue between courts”; thus, the European preliminary ruling, today contemplated in article 4 bis of the Act on the Judiciary. Finally, it shall be argued the certainty of this statement relative to the breaking of the classic procedural principles of the Spanish civil procedure in order to culminate with a brief reflection on the matter.