L’esecuzione delle sentenze della Corte europea dei diritti dell’uomo nel sistema giuridico spagnolo

• Pablo Antonio Fernández Sánchez ^[1]
  1. [1] Aut 81997
• Localización: Ordine Internazionale e Diritti Umani, ISSN-e 2284-3531, Nº. 5, 2016, págs. 799-811
• Idioma: italiano
• Títulos paralelos:
  • Execution of judgments of the european court of human rights in the spanish legal system
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The international judgments of the European Court of Human Rights are declaratory judgments. They are final and the execution will be supervised by the Committee of Ministers, in accordance with the European Convention on Human Rights. Of course, States Parties have the obligation to respect and execute them. However, it is not always easy because there may be legal circumstances that impede the execution. Spain, like any other State Party has had these difficulties but has recently proceeded to modify laws to facilitate the execution of ECtHR judgments when the origin of the violation of the Convention is a final judgment of the Spanish judicial system.

    The difficulties and the new Spanish rules to overcome these difficulties are analyzed, although some problems remain and require solutions.