Aplicación judicial de las inmunidades internacionales en España. Análisis de la práctica reciente

Abstract

Until the entry into force last November 17, 2015 of the Organic Law on Immunities and Privileges of Foreign States and International Organizations, the normative reference that told our judges and courts in the matter has been a shallow forward reference to the immunities recognized by Public International Law, both the LOPJ and the LEC. So poor legislation, coupled with the complex international legal regulation in this area, has caused serious problems to our judges in the correct identification of immunity in case, as well as of its scope and the beneficiary subject of the same, which, undoubtedly, will be mitigated with this new law. This work confronts an analysis about the judicial practice on international immunities what has been to date, for the purposes of rating their correct or incorrect application with the assurance that the new regulatory framework will be a turning point to its improvement.