LOS TRATADOS Y LA EXTRADICION EN EL DERECHO ESPAÑOL (REFLEXIONES EN TORNO A LOS "PAPELES DE LAOS")

The so-called Laos papers would not have constituted neither an international treaty nor a political agreement if they had existed; they would have only been used as a cover to justify the rendering of the fugitive to the Spanish justice. In a parallel way, the case arises the problem of non-treaty...

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Bibliographic Details
Published in:Revista española de derecho internacional 1995-01, Vol.47 (1), p.131-143
Main Author: Andrés Sáenz de Santa María, M. Paz
Format: Article
Language:Spanish
Subjects:
EL «CASO ROLDAN»: ALGUNAS CUESTIONES
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Summary:The so-called Laos papers would not have constituted neither an international treaty nor a political agreement if they had existed; they would have only been used as a cover to justify the rendering of the fugitive to the Spanish justice. In a parallel way, the case arises the problem of non-treaty extradition in Spanish law. Thus, the author considers that the reciprocity on which the extradition has to be based is to be formalized as an international ad hoc treaty, which should be approved by the Parliament because of its belonging to those provided in article 94.1.c) of the Constitution. This conlusion reveals the rigidity of the Spanish non-treaty extradition system and, in that sense, the necessity of an adaptation of the Spanish legislation in the matter to the new requests of the struggle against delinquency at the present time.
ISSN:0034-9380
2387-1253