Las últimas reformas del Principio de Justicia Universal legalizadoras de la Jurisprudencia “creativa” del Tribunal Supremo Español

Abstract

This article takes a critical look at the last two reforms of the principle of universal jurisdiction embraced in article 23.4 of the Organic Judiciary Act (LOPJ), undertaken by Organic Laws 13/2007 and 1/2009. These reforms have only given statutory effect to the “creative” jurisprudence of the Criminal Chamber of the Spanish Supreme Courtin two different areas in which the principle of universal jurisdiction has been involved. So on the one hand, the Supreme Court has up held the jurisdiction of Spanish Criminal Courts to prosecute the criminal offense of illegal immigration in cases in which such competence is not attributed by the LOPJ, and on the other, it has denied the jurisdiction of Spanish Criminal Courts to prosecute the crime of genocide in cases in which such competence should have been up held according to the LOPJ. These judicial decisions are also discussed critically in the article.