Legislative reforms, which entered into force on 20 March 2024, established the possibility for the Spanish Government Agent’s Office to intervene in proceedings initiated before the Supreme Court by applicants seeking the reopening of domestic proceedings following a judgment of the European Court.
The Government Agent's Office may, on its own initiative or at the request of the Supreme Court, provide information or submit written observations on issues relating to the execution of European Court's judgments. In this context, it holds a status similar to that of an “amicus curiae” that provides an additional perspective to the Supreme Court thus facilitating its assessment of the impact of the European Court's judgments on final domestic judicial decisions. The participation of the Government Agent's Office in these proceedings also secures the prompt and comprehensive communication to the Committee of Ministers of information on measures relevant for the execution a case.
Previously, in June 2023, the Spanish authorities had appointed the first Prosecutor for Human Rights and Democratic Memory, a new prosecutorial function established within the State Attorney General's Office. Among other things it promotes investigations into human rights violations and cooperates with the Government Agent’s Office regarding the execution of the European Court's judgments raising criminal law issues (e.g. providing an assessment of the possibility to reopen criminal investigations following procedural violations of Articles 2 or 3 of the Convention).
