Articulación del sistema procesal de provisión de apoyos y salvaguardas en el Anteproyecto de Ley de reforma de la legislación civil y procesal en materia de discapacidad

Abstract

As a continuation of the reform of the Spanish legal system — initiated after the ratification and publication of the International Convention on the Rights of Persons with Disabilities (New York, 2006), the Proposed Draft Law amending civil and procedural legislation for the support of persons with disabilities in the exercise of their legal capacity, of January 14, 2019, introduces important developments in substantive and procedural legislation of the treatment of disability, with the objective of fully adapting to the aforementioned international Convention.The object of the present work is the analysis of the manifestation of the procedural aspect of the proposed reform, even knowing that the aforementioned Draft has stopped its pre-legislative journey once the mandatory reports have been collected, due to the difficult political situation that Spain and which affects parliamentary activity. However, and in the confidence that efforts regarding this initiative will have to be resumed in the near future — especially taking into account the zero resistance raised in the political sphere and the broad participation of the social groups involved — this work aims to serve as It helps in the reorientation of its text, highlighting the existence of a diversity of difficulties from a critical point of view — as it corresponds to its scientific doctrine — so that it can successfully overcome its parliamentary procedure with the least possible crossings. from the point of view of the institutions and the concepts of the discipline of Procedural Law.