The conventionality control under Spanish law: a deficient import?

Abstract

The Conventionality Control doctrine was almost strange to Spanish Law. However, in STC 140/2018, of 20 December 2018, the Constitutional Court of Spain construed that this mechanism is within the powers of Ordinary Judges and constitutes a rule of selection of applicable law. The article analyzes the meaning of the Conventionality Control doctrine from a Comparative law perspective, as well as its scope within the Inter-American Court of Human Rights. It also highlights some concerns regarding the implementation of the mechanism vis à vis the enforcement of International Human Rights Law in the Spanish legal system.