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A Europe of RightsThe Impact of the ECHR on National Legal Systems$
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Helen Keller and Alec Stone Sweet

Print publication date: 2008

Print ISBN-13: 9780199535262

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199535262.001.0001

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The Reception Process in Spain and Italy

The Reception Process in Spain and Italy

Chapter:
(p.393) 7 The Reception Process in Spain and Italy
Source:
A Europe of Rights
Author(s):

Mercedes Candela Soriano

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199535262.003.0007

This chapter discusses the reception of the ECHR in Spain and Italy. Topics covered include the accession and ratification of the ECHR in both countries, the status of the ECHR in national law, an overview of the activity of the European Court of Human Rights, and the ECtHR's case law and its effects on the national legal order. It is shown that the application of the ECHR depends not just on the formal constitutional provisions but, even more importantly, on how constitutional courts have enhanced the Convention's effectiveness through their rulings.

Keywords:   European Convention on Human Rights, national constitutional order, legislature, judiciary

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