The Reception Process in Spain and Italy
The Reception Process in Spain and Italy
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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