Breach by the Constitutional Court of the Fair Administration of Justice within the Admission Process of the Recurso de Amparo. The European Court of Human Rights Case Arribas Antón vs. Spain

Authors

  • Mario Hernández Ramos Universidad de Salamanca

DOI:

https://doi.org/10.18042/cepc/redc.108.10

Keywords:

Constitutitional Court, European Court of Human Rights, admission of recurso de amparo, special constitutional importance, fair administration of justice

Abstract

In the Case Arribas Antón vs. Spain, the ECtHR finds no violation of art. 6.1 ECHR nor of art. 13 ECHR by both the Organic Law 6/2007 that introduces the new admission process of the recurso de amparo, and the interpretation or the application by the Spanish Constitutional Court of the essential requirement «the special constitutional importance». However it makes a veiled warning to the Spanish Constitutional Court not to be satisfying the principle of fair administration of justice in the application of its own constitutional doctrine, which is demonstrated by a detailed analysis of its case law.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES