Acción y Defensa en clave digital: «Dos caras de una misma moneda» y un «brindis al sol» en la inminente Ley de Derecho de Defensa

Abstract

The projected regulations on defense matters —the future Organic Law on Defense Law— configures —correctly— the rights of action and defense as «two sides of the same coin». However, and despite this wise initial reflection, it does not take long for him to distance himself from this idea to focus exclusively on the right of defense —without the slightest subsequent allusion to the right of action— and with a curious —and novel— connection that he qualifies as «intrinsic» between the right of defense and legal defense; in such a way that the right to effective judicial protection resides in the framework of action —almost exclusively— of our Judges, reserving the right of defense, to the specific professional work of the Legal Profession. Given the disaggregated and biased treatment of this regulation —which does not link the relevant right of defense, nor with the right of action, nor with the deployment of fundamental rights that are inherent to it and obviates any treatment of said right in digital code— it seems to us timely to launch a reminder —as a road map— with these unjustifiable absences.