Cuestiones probatorias en el Litigio de Interés Público. Sobre la prueba de la violación de los dere
Carlota Ucín was invited to participate in a Seminar organised at the University of Barcelona on the topic: Consumer rights and housing, financing and dispute resolution. Her talk ‘Las formas del litigio de interés público y la tutela de los consumidores’ (The shapes of public interest litigation and the effective protection of consumers), focused on the characteristics of public interest litigation in the Global South, the reasons that can explain its evolution and the shapes it adopted in the Argentinean experience. She proposed the importance of applying the ‘public interest approach’ in order to facilitate access to justice of consumers in general and in the cases of housing claims in particular. This debate became particularly timely due to the discussion in Spain of a draft regulation related to the improvement of efficiency in civil procedures.
Published: June 4, 2021
In this paper, Carlota Ucín argues that the claims that seek to enforce social rights may find it difficult to prove the facts that support them. This can be explained by the indeterminacy of the normative statements and by the asymmetry in access to public information. As she claims, presumptions can alleviate evidentiary difficulties, with a clear benefit on access to justice for these cases.