The execution of ECHR Judgments and the actually Criminal Judicial Review: five years in force
Abstract
The European Court of Human Rights is the most important international body in the European region for the protection of human rights. Its judgments, although declaratory, are binding. In Spain, a new ground for review was established with the reform operated by Law 41/2015 amending the Criminal Procedure Act in order to establish a means for the enforcement of the judgments of the Strasbourg Court. After five years in force this avenue seems to be consolidated in light of the recent preliminary draft law on criminal prosecution. The aim of this paper is to take a look at the effectiveness of the European Court’s judgments in spanish criminal proceedings and outside the Supreme Court in order to determine their scope.
Received: 17.01.2022
Accepted: 14.06.2022
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Last update: 08/02/2022
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