La CEDH et l’Espagne: statut juridique, pratique et signification

The ECHR and Spain: legal status, practice and meaning

Abstract

The ECHR had a particular legal importance in Spain in addition to its political significance as a commitment to liberal democracy after the Franco dictatorship. The ECHR is a directly applicable supralegal norm but it is also the main instrument for interpreting fundamental rights of the Constitution. The enforcement of the ECHR by the Spanish courts has raised several questions, which deserve study. The election of Spanish judges to the Court also presented several problems, sometimes of continental scope. The article ends with a quantitative and qualitative analysis of the jurisprudence of the Court of Strasbourg related to Spain.