Nazioarteko legediaren eragina Espainiako zigor arloko bigarren instantziaren arauketan

Otazua Zabala, Goizeder

Publication year:

2010

Publication place:

Donostia-San Sebastián

ISSN:

1137-1951

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Summary

The second instance for criminal matters is included in Article 24 of the Spanish Constitution, within the scope of effective legal protection. This basic right is regulated by two treaties of international scope (International Covenant on Civil and Political Rights and Protocol 7 of the European Convention on Human Rights) which, in some aspects, contradict each other. We will refl ect on the way in which this right has materialised in Spain and on the problems that have arisen around it, observing whether the path covered until now has been suffi cient to guarantee the effectiveness of the execution of the right.