Points of law

The Constitutional Court confirms the application of the limited theory of immunity to the execution of judgments, following the distinction between acts iure imperii and iure gestiones.

Summary of the case

The present judgment of the Constitutional Court is mainly based in the leading case 107/1992 of 1 July 1992 (see E/4). The Constitutional Court repeats its understanding of the fundamental right to a fair hearing as established in article 24 of the Constitution, which comprehends both the right to a judicial decision and its execution. However, this fundamental right may be limited by legitimate exceptions –the immunity of execution of foreign State property is one of these legitimate exceptions. For the Constitutional Court, the judgment appealed partially violated the right of the appellant because it did not examine whether its execution was possible taking into account the relative theory of State immunities in international law, and the distinction between acts iure imperri and iure gestionis.

Sources

Aranzadi 1994, no. 292
BOE, 29.11.1994

Additional information (explanations, notes, etc.)

n/a