The Constitutional Court opens the can of worms regarding the legality of MASCs
19/02/2026
The Constitutional Court opens the can of worms regarding the legality of MASCs
En los medios
The newspaper El Confidencial analyses the recent decision by the Constitutional Court to admit a question of unconstitutionality regarding the obligation to attend a prior MASC (Mediator-Arbitrator Service) in family law proceedings.
The debate transcends this specific area and extends to the very configuration and limits of MASCs.
Carlos Martos, managing partner of the Madrid office and expert in procedural law, reflects in the report on the importance of legal certainty when fundamental rights such as effective judicial protection are at stake. He also warns of the tension between procedural rules that impose negotiation and the substantive rights of the parties: negotiation, he points out, should be a right, not an imposition.
See the report by Álvaro Zarzalejos ➡️ https://lnkd.in/ewwdDU85
