Abstract

MELERO ALONSO, Eduardo. Judicial control of state secrets in Spain: About the export of armaments. Opin. jurid. [online]. 2008, vol.7, n.14, pp.15-31. ISSN 1692-2530.

This article states a systematization proposal of control mechanisms of State secrets in the Spanish legal system. The following are three control juridical parameters: 1) Classified information affecting the State's defense and security; 2) a probability judgment about a possible damage or risk for security and defense; and 3) consideration of national defense with other rights or interest in conflict. These control parameters are applied to a concrete case: information related to export of armaments, which is authorized by the Administration. Result of control is that classification of data related to trade of weapons should be considered as illegal.

Keywords : State secrets; political acts and discretional acts; judicial control; trade of weapons.

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