Database

The immunities of States and international organisations

This database contains the original national contributions bringing together information on The immunities of States and international organisations

Information on the contribution

Member State
Spain
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Spain/1997/248
Attachments
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Spain - Jurisprudence of 10/02/1997

Emilio Blanco Montero (individual) v. Embajada de Guinea Ecuatorial (State)

Author(ity)

Constitutional Court

Date of the decision, of the judgment

10/02/1997

Points of law

The Constitutional Court establishes that the judges should exhaust the possible ways of execution of a judgment against a foreign State.

Summary of the case

The Constitutional Court defines once again the fundamental right to a fair hearing and the right to enforce judicial judgments. The enforcement, says the Court, is an integral part of the fundamental right provided for in article 24 of the Constitution – any other interpretation would devoid the law of its efficacy and would transform it into a mere declaration of intentions. The Constitutional Court declares that the tribunals did not exhaust the possible ways of execution available, such as credits, aid or subsidies granted to the foreign state.

Sources

Aranzadi 1997, no. 18
BOE, 14.3.1997, no. 63 (suplemento)

Additional information (explanations, notes, etc.)

n/a