The Convencionality Control by Spanish Judges and Courts. About the STC 140/2018, of december 20th

Authors

  • Manuel Fondevila Marón Universitat de Lleida

DOI:

https://doi.org/10.18042/cepc/aijc.23.13

Keywords:

Convencionality Control, Constitutional Justice, Fundamental Rights.

Abstract

This paper analyzes the possibility, enshrined in the 6th basis of STC 140/2018, of December 20, for ordinary judges to carry out the so-called conventionality control. Given that it is a matter quite unknown and on which there is a lot of resistance from judges and courts, a review will be made on the theoretical debates and the practice of it in our country, speaking, in particular, on the reinforced role of the ordinary jurisdiction in the protection of Fundamental Rights and if this implies - as has been said - a risk to the role of constitutional justice or, rather, the opposite. Finally, conclusions will be drawn from the practice of this instrument in the Latin American continent with a view to its full implementation at all levels in our legal system.

Published

2019-12-20

Issue

Section

CASE LAW