Resum
In this paper we present the judicial steps made by the family of the Professor of Criminal Law, Dr. Mariano Ruiz-Funes García, in order to recover the assets that were seized by the Franco’s regime or to get compensation for the seizure.
This judicial path ended up before the European Court of Human Rights (ECHR), which did not question the correction of the Spanish Law of Historical Memory (LMH). The LMH prevents the cancellation of the Francoist sentences and chooses only the statement of its illegitimacy. But we suggest that the concept of illegitimacy is not suitable to be applied to decisions of the Francoist courts. One of the reason of the Spanish legislator to avoid the nullity the sentences of the Francoist courts was its intention to avoid the payment of the economic compensation derived from such nullity. And the ECHR has missed a good opportunity in order to solve this kind of mistakes of the LMH. The ECHR could grant to those affected by these statements a right to be effectively compensated, pursuant to Article 3 of Protocol 7 of the Convention.
This judicial path ended up before the European Court of Human Rights (ECHR), which did not question the correction of the Spanish Law of Historical Memory (LMH). The LMH prevents the cancellation of the Francoist sentences and chooses only the statement of its illegitimacy. But we suggest that the concept of illegitimacy is not suitable to be applied to decisions of the Francoist courts. One of the reason of the Spanish legislator to avoid the nullity the sentences of the Francoist courts was its intention to avoid the payment of the economic compensation derived from such nullity. And the ECHR has missed a good opportunity in order to solve this kind of mistakes of the LMH. The ECHR could grant to those affected by these statements a right to be effectively compensated, pursuant to Article 3 of Protocol 7 of the Convention.
| Títol traduït de la contribució | The European Human Rights Court does not question the Spanish Historical Memory Law, but it could do so |
|---|---|
| Idioma original | Espanyol |
| Pàgines (de-a) | 1-19 |
| Nombre de pàgines | 19 |
| Revista | Indret: Revista para el Análisis del Derecho |
| Volum | 4/2015 |
| Estat de la publicació | Publicada - d’oct. 2015 |
SDG de les Nacions Unides
Aquest resultat contribueix als següents objectius de desenvolupament sostenible.
