El Tribunal Europeo de Derechos Humanos avala la ilegalización de Batasuna (aspectos positivos y algunos pocos negativos de su jurisprudencia)
The European Court of Human Rights has ratified in june 2009 the outlawing of Batasuna in three judgments that represent, from the legal point of view, an ultimate accolade for the Political Parties Act and its judicial enforcement, which, in turn, is a strengthening of the democratic state in Spain...
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| Format: | Article |
| Language: | Spanish |
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Junta de Andalucía: Instituto Andaluz de Administración Pública
2010
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3411222 |
| Source: | Revista de derecho constitucional europeo, ISSN 1697-7890, Nº. 13, 2010, pags. 415-436 |
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| Summary: |
The European Court of Human Rights has ratified in june 2009 the outlawing of
Batasuna in three judgments that represent, from the legal point of view, an ultimate
accolade for the Political Parties Act and its judicial enforcement, which, in
turn, is a strengthening of the democratic state in Spain and of the proper functioning
of its legal and judicial mechanisms in the fight against terrorism and their political
friends. However, the judgments confirm that the european case law also has
some drawbacks from the point of view of the protection of fundamental rights, such
as a certain conception of the «militant democracy», the possibility of the dissolution
of a party based on the absence of the condemnation of violence, and the acceptance
of a reduced time for appeal in the judicial procedure. |
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