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Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE)

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE) is filed with Juzgado / Tribunal del procedimiento (planteará cuestión ante el TC). With Managora you do it 100% online: you answer a few questions, sign a digital mandato (power of representation) and we draft, sign and file your application for you. Estimated total cost: €249 to €249.

We draft the written document asking the court hearing your case to REFER a cuestión de inconstitucionalidad (question on the constitutionality of a statute) to the Tribunal Constitucional (Constitutional Court). We structure the relevance test (LOTC 35.2) and the applicability test, and we identify the statutory provision challenged and the constitutional provision infringed. Once the document is filed, the court may hear the parties and the Ministerio Fiscal (public prosecutor) for 10 days before issuing its order.

This procedure is quoted case by case, not sold at a list price

it is raised within ongoing court proceedings, so the work depends on your case file and on the lawyer conducting your defence. Tell us about your case and we will look at it: the quote is free and without obligation, and we confirm it in writing before we start.

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Estimated total cost
€249 to €249
Managora's fee
€301.29 (21% VAT incl.)
Tasa (official government fee)
No tasa payable
Processing time
Hearing stage of 10 days; the timing of the referral order varies. A decision from the Constitutional Court takes 1-3 years.
Where it is filed
Juzgado / Tribunal del procedimiento (planteará cuestión ante el TC) ↗
What you receive
Application

Cost breakdown: Our fee 249 € with no tasa (official fee): the document urging a cuestión de inconstitucionalidad carries no official cost..

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE): how is it filed?

  1. 1Answer the questions (around 15 minutes).
  2. 2Pay 249 €.
  3. 3We hand you the document ready for the court, with the relevance and applicability tests properly structured.

Which documents do you need?

  • •Copy of the case file.
  • •The statutory provision challenged (full text).
  • •Relevant Constitutional Court case law (if any).

Legal basis and things to bear in mind

  • Legal framework: LOTC 35-37 + art. 163 CE.
  • Only provisions with the rank of statute law.
  • The referral is made by the court, not by the party.
  • Natural next steps: recurso_amparo_constitucional.

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE): frequently asked questions

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE): how much does it cost?

The estimated total cost (our fee + official tasas and taxes) is €249 to €249: Our fee 249 € with no tasa (official fee): the document urging a cuestión de inconstitucionalidad carries no official cost.. Managora's fee is €301.29, 21% VAT included (€249.00 net + €52.29 VAT). This procedure carries no official tasa.

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE): how long does it take?

Hearing stage of 10 days; the timing of the referral order varies. A decision from the Constitutional Court takes 1-3 years.

Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE): which documents do I need?

You need to have to hand: Copy of the case file., The statutory provision challenged (full text)., Relevant Constitutional Court case law (if any).. You do not upload them here: we collect the details through the guided chat.

Who files the procedure?

Managora files it in your name with Juzgado / Tribunal del procedimiento (planteará cuestión ante el TC). You only provide the details through the chat and sign a mandato (power of representation); we prepare, sign and register it.

Can it be done online?

Yes. The whole process is online: you answer a few questions in the guided chat, sign a simple mandato on screen and receive the receipt and the official documents by email, with full legal validity.

Related procedures

Based on the legislation in force and on the official site of the competent authority: Juzgado / Tribunal del procedimiento (planteará cuestión ante el TC) ↗.

Shall we get started with «Request that a court refer a cuestión de inconstitucionalidad (constitutional referral) (LOTC 35-37 + art. 163 CE)»?

We file it for you, from start to finish.

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