Abstract

MARTIN PERE, ELISA M.. Reparation Measures and Judiciai Control Mechanisms Established in the Land Restitution Judgments in the Santander Department. Rev. Derecho [online]. 2022, n.58, pp.119-139.  Epub Apr 03, 2023. ISSN 0121-8697.  https://doi.org/10.14482/dere.58.121.427.

This article shows the results of a research project on the judicial stage of the land restitution policy in Santander. Thus, the sentences issued between 2017 and June 2018 have been analyzed with the following objectives: on the one hand, to know what reparation measures were adopted by the court in Santander and in which proportion, to know their reparative approach; and on the other hand, to find out what judicial control mechanisms were established in the ruling to supervise compliance. The results show that the orders related to the restitution measure are the most frequent, appearing almost in equal proportion to the order to restitute materially, as well as to restitute by equivalent, unlike previous years in which the first measure prevails, which is preferred according to the law; likewise, it is considered necessary to increase the satisfaction measures, as well as a greater application of the differential gender approach. On the other hand, judicial control should be strengthened from the judgment itself, for adequate and effective compliance with the orders in the post-judgment stage.

Keywords : Land restitution; integral reparation; judicial control; human rights.

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