La inmunidad de ejecución de la Convención de 2004: un análisis desde la práctica de España

Abstract

From the point of view of the effective protection of the rights of individuals who enter into legal relations with a foreign State, the remedies granted by the 2004 Convention in the field of enforcement immunity, must be described as conservative, since in many occasions this regulation does not allow the enforcement of the judgements passed by the court of the forum against a foreign State. This has been shown by the recent practice developed by domestic tribunals, especially in Spain. Indeed, despite the efforts of our Constitutional Court to make compatible through its interpretations article 24.2 of the Constitution with the international regulation of jurisdictional and enforcement immunity of the foreign State, the practice has left many individuals unable to receive the effective judicial protection of their rights through the enforcement of judgements passed against foreign States. Faced with the situation described it seems appropriate to create a compensation fund , financed by the Foreign Affairs Ministry, in order to indemnify the individuals who suffer a pecuniary loss as a consequence of the enforcement immunity enjoyed by foreign States. Even if before undertaking this project, Spain should coordinate its actions at least with its EC partners.