The Judge as Guarantor: The Judicial Role and the Principle of Procedural Congruence in Special Protective Proceedings

Abstract

This article examines the tension between the principle of congruence and effective judicial protection in cases involving vulnerable groups. It argues that congruence should not be a formal obstacle sacrificing substantive justice. Through conventionality control and procedural flexibility, an active judicial role is proposed. Impartiality is redefined as committed equidistance, allowing judges to adapt procedural forms to ensure effective and useful decisions. The objective is to uphold human dignity and material justice within the framework of contemporary procedural law.