Practice question · True or false
A judgment of the European Court of Human Rights finding a violation automatically annuls the national judgment complained of.
Hints
- Ask what the Strasbourg court is empowered to do about a national decision.
- It declares the violation and may award just satisfaction.
Show the answer
False
Why
False. The Court declares the violation and may award just satisfaction; how effect is given to that is left to the respondent state. Spanish law provides a route to seek revision of a final judgment before the Supreme Court once a violation is declared, which exists precisely because annulment is not automatic.
Practise Resolving Disputes
The app has 6 more questions on this lesson, and keeps your place in the course. Law I is free to start.
More questions on Resolving Disputes
- Mediation and arbitration both involve a neutral third party, yet they belong to fundamentally different…
- Why is the Constitutional Court not part of the Poder Judicial, even though it decides cases and its…
- Spanish criminal law punishes realising a right of your own by force outside the legal channels, even where…
- Which are true of arbitration in Spain?
- How many magistrates sit on the Spanish Constitutional Court?
- Arrange these courts by the year they were established or began work.
- Sort each route by the way it resolves a dispute.