El TEDH no cuestiona la Ley de la Memoria Histórica, pero podŕıa: Comentario de la STEDH de 4 de noviembre de 2014, caso Ruiz-Funes contra España

Translated title of the contribution: The European Human Rights Court does not question the Spanish Historical Memory Law, but it could do so

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Abstract

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.
Translated title of the contributionThe European Human Rights Court does not question the Spanish Historical Memory Law, but it could do so
Original languageSpanish
Pages (from-to)1-19
Number of pages19
JournalIndret: Revista para el Análisis del Derecho
Volume4/2015
Publication statusPublished - Oct 2015

Keywords

  • Historical memory
  • Reparations
  • European Human Rights Court
  • Spain

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