Hacia una jurisdicción militar del siglo xxi. Algunas propuestas para la reforma de la justicia militar española a la luz de la jurisprudencia del TEDH

Abstract

Successive legislator’s statements about the necessity of undertake a reform of military jurisdiction lead to ask which must to be the specific content of this jurisdiction, particularly about the organization and status of people who are involved in it. Beginning with the debate — reiterated, but not extinguished — about the justification of a military jurisdiction different to we name ordinary jurisdiction, the second consideration to address is which will be its characteristics and for that it will be analysed the ECHR’s case-law which, in the view of Article 10.2 of Spanish Constitution, will condition the new model to adopt. In the light of foregoing, the work concludes pointing a model which, in the author’s opinion, brings together the requirements and guaranties of that new military jurisdiction.