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/2001/249
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 17/09/2001

Maite G.Z. (individual) v. Consulado General de Francia (State)

Author(ity)

Constitutional Court

Date of the decision, of the judgment

17/09/2001

Points of law

The Constitutional Court applies its leading case of 1992. It accepts the limited theory of immunity of execution; however, the Court affirms that the property of diplomatic and consular missions is absolutely immune against measures of execution. In any case, for the Court, the determination of the property subject to measures of execution is a question that should be resolved by the ordinary courts, and it is not a constitutional question.

Summary of the case

The Constitutional Court declares that the right to a fair hearing includes the right to enforce the judgments of a judicial court. It also says that the Spanish legal system applies a restrictive theory of jurisdictional immunities, and that the measure of execution should take due consideration of the distinction between acts iure imperii and acts iure gestiones –only the latter are subject to measures of constraint. The Court literally says that property of diplomatic and consular missions is absolutely immune against measures of execution, such as embargoes. The appellant asked the Court to revise the determination of the property subject to measures of execution done by the ordinary court, but the Constitutional Court rejected the constitutional character of that question. On the contrary, it said that the question of the determination of property as iure gestionis or iure imperii is not a constitutional question and, therefore, must be resolved by ordinary courts.

Sources

Aranzadi 2001, no. 176
BOE, 19.10.2001, no. 251 (suplemento)

Additional information (explanations, notes, etc.)

n/a