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European Observer on fundamental right's respect

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Notes & Comments (24/02/2007) - Spanish case-law

Title: Spanish case-law

Date: 02/24/2007

Subject: A close analysis of Spanish case-law shows that it attributes legal value to the principles enshrined in the Nice Charter and to the common constitutional traditions of Member States. The value of "interpretative yardstick" acknowledged to the fundamental rights affirmed in the Charter is confirmed by the fact that it was cited over 416 times until 2006 both in decisions by Spain's judges and by the Spanish Constitutional Court. They include case no. 53/220 of 27 February 2002 on the right to asylum. The legal basis of this right can be found both in art. 18 and in art. 19 of the Charter

Original language: Spanish

Classification: Art. 18 Right to asylum - Refugees - Art. 19 Prohibition of collective expulsions - Expulsion - Extradition - Removal

Text download Spanish

Notices: Effectiveness of the Charter
Interpretative yardstick and instrument re-affirming the constitutional traditions and international obligations of Member States.