The impact of the ECHR decisions. Del Río Prada v. Spain judgment

Abstract

By means of del Río Prada v. Spain judgment, the ECHR Grand Chamber has consolidated its flexible approach regarding the distinction between penalties and measures relating to their execution; the Court has also established clearly that while the States are free to determine their own criminal policy, they must comply with the unconditionally prohibition of retrospective application of the criminal law. In its turn, the Audiencia Nacional has resorted to an expeditious execution procedure of the judgment whose legal foundations are far from clear. Due to the significance of the case, some sectors have given way to the temptation to criticize both the judgment and the Court itself, common attitude also to other countries and that can be explained but not justified on account of the impact that the ECHR decisions may have on especially sensitive areas of national law; however, in the face of a condemnation judgment, the solution is not in discrediting the messenger but in strengthening the dialogue amongst Courts.