Access to justice reveals its contours through, and is best understood for, its dynamic nature. Conceptually, it shows a number of peculiar oscillations within couplets of opposites, like rights and structure, autonomous and derivative right, and substance and procedure. What does make for its foundational nature, and how does the latter differ from and coexist with access as a fundamental right? It belongs to the requirements of the rule of law and plays a foundational role towards legality, beyond being counted among the most fundamental rights. Despite its apparent procedural character, it has a substantive value, as well as a peculiar “generative” function. The article enquires into these conceptual features by looking at the ways through which access to justice is provided in the main European and international legal documents, as well as at its progress under judicial interpretation.

中文翻译：

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诉诸司法：动态的、基础的和生成的

诉诸司法通过其动态性质揭示了其轮廓，并且最好理解为它的动态性质。从概念上讲，它在权利与结构、自主权与派生权、实体与程序等对立对联中表现出许多奇特的波动。它的基本性质是什么，后者与作为一项基本权利的访问有何不同和共存？它属于法治的要求，对合法性起着基础性作用，超越了最基本的权利。尽管它具有明显的程序性特征，但它具有实质性的价值，以及独特的“生成”功能。本文通过研究主要欧洲和国际法律文件中提供司法救助的方式来探究这些概念特征，