Protection of fundamental rights and public freedoms patterns through process of article 184 of the Law Governing Jurisdiction of Social

Abstract

Labor procedural legislation has traditionally provided for the protection of fundamental rights and public freedoms through two procedural channels: the special procedure of protection of fundamental rights and those specific labor procedures under current article 184 Ley Reguladora de la Jurisdicción Social, which are considered to be more appropriate, being labor law their subject-matter, than the procedure protecting fundamental rights. The constitutionality of this distinction has been challenged by juridical scholars. This paper analyzes whether extraordinary ways of protection actually meet the requirements of a summary and preferential procedure established in article 53.2 EC after the reform of the Procedural Labor Act 36/2011 came into force. Singularities of this procedure when a protection of fundamental rights claim has been joined to principal claim are also discussed.