Universal Jurisdiction in Spain: Substantial Change of Model or Implied Repeal?

Resumen

Universal jurisdiction has been the subject of significant controversy since its incorporation in the Spanish legal system in 1985, which has been amended on several occasions. The last modification has been effected by Ley Orgánica 1/2014 which presents itself as a continuation of the previous reforms (in particular in 2009). However, it is questionable that this reform is a continuation of previous ones. It is also questionable that it is a mere reform of universal jurisdiction and not a tacit disappearance of this institution in the Spanish system. From a critical perspective, this paper deals with three issues of great importance for the survival of universal jurisdiction in Spain: (i) the new formulation of the principle of subsidiarity and its relationship with the new substantive and procedural requirements introduced by the reform of 2014; (ii) the relationship between the new model of universal jurisdiction and international law; and (iii) the consequences of the retroactive application of the law and its compatibility with the international and constitutional principles that govern the right to effective judicial protection.