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The immunities of States and international organisations

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Member State
Spain
Themes
Type of document
Jurisprudence
Permanent link to the contribution
http://www.cahdidatabases.coe.int/C/Immunities/Spain/2010/255
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THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
Database of the CAHDI "The immunities of States and international organisations" - contribution of Spain - Jurisprudence of 30/07/2010

Babé v. ILO

Author(ity)

Social Court 21 of Madrid

Date of the decision, of the judgment

30/07/2010

Points of law

Cooperation in judicial proceedings.

Summary of the case

Article 24 of the Constitution says that all persons have the right to obtain effective protection from the judges and the courts in the exercise of their rights and legitimate interests; thus, the State must help the execution of sentences and not put obstacles to it. Article 14 of the Organic Law of the Judiciary prescribes that Judges who considerer their independence is threatened, will inform the Counsel of the Judiciary. There was no need for the State Attorney to appear in Court on behalf of the Ministry of Foreign Affairs because all decisions had been already forward to it. To raise certain procedure questions it’s almost abuse of law; this and bad faith in the proceedings might constitute a flagrant violation of elementary constitutional principles and rights. This behaviour and the absence since the beginning of the ILO are against the respect and consideration due to Judges and Courts.

Sources

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Additional information (explanations, notes, etc.)

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