Resumo

NUNEZ VAQUERO, Álvaro. Jurisdictional and Para-Jurisdictional Soft Law: the Role of Judges in Creating Soft Law. Isonomía [online]. 2025, n.63, pp.159-194.  Epub 20-Fev-2026. ISSN 1405-0218.  https://doi.org/10.5347/isonomia.63/2025.835.

The main objective of this paper is to shed light on a little-studied phenomenon: soft law formulated by courts and their subordinate organs. To this end, it introduces the concepts of soft law, jurisdictional (and para-jurisdictional) organs and competence, and non-normative directives. It then presents four cases of soft law formulated by judicial organs and sub-organs. Then, three classifications –author, recipient and type of instrument– are introduced in order to better identify these directives. Finally, some brief conclusions are drawn.

Palavras-chave : soft law; jurisdictional organ; non-normative directive; judicial decision; guides and protocols.

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