• Report The CGPJ believes that the Memory Law prepared by the Government violates ideological freedom in its attempt to close the Francoist foundations

  • Council of Ministers The Government creates a Prosecutor's Office to investigate the violation of human rights in the Civil War and the Franco regime

The Plenary of the General Council of the Judiciary has approved this Monday a report critical

of the Democratic Memory Law

promoted by the Government. The text includes objections such as that the attempt to dissolve the

Francisco Franco Foundation

or to sanction the apology of

Francoism

supposes an attack on the rights of ideological freedom and expression. It also maintains that it is not aligned with the European Union's criteria to combat all authoritarian regimes, not just some.

The report on the draft law has obtained the support of 15 votes - among them that of the president,

Calos Lesmes

- and the opposition of six members. It has received support from both the conservative and progressive blocs, as predicted by the fact that the speakers of the approved text without retouching were members of different blocs. On the one hand,

Wenceslao Olea

, proposed to the Council by the PP; on the other,

Roser Bach

, candidate for the PSOE Council. Two previous speakers, also from different blocks, had not reached a consensus on a text and were replaced.

The members supported in their day by the Socialist Party have voted in favor of the text critical of the Law promoted by the Executive of Pedro Sánchez.

Even so, four of them will subscribe a concurrent vote in which they will add their own arguments to those of the supported text.

The report is harsh, but it could have been harder, as it reflects that five of the six votes against come from members proposed by the PP, whose objections to the draft were more intense than those finally reflected in the report.

According to this bloc, despite criticism, the report only makes slight objections to the draft, which explains the support of the progressive bloc.

The vowel proposed by Izquierda Unida has also voted against, from another extreme.

Light or hard, one of the criticisms is the plan of the preliminary draft to sanction the apology of Franco with the dissolution of the foundation that supports it.

That would be sanctioning ideas, something that goes against what the Constitutional Court has set.

"The apology of the Franco regime, without the additional requirement of contempt or humiliation of the victims, supposes the expression of ideas regarding a political regime contrary to the democratic values ​​proclaimed in our

Constitution

, but, as the Constitutional Court says, 'safeguarded freedom of opinion is open to anyone, however wrong or dangerous it may seem to the reader, even those that attack the democratic system itself. The Constitution, it has been said, also protects those who deny it, '"says the report.

Thus, the reference to the apology of Francoism "clearly invades the right to ideological freedom enshrined in the Constitution which, as has been repeatedly stated, does not impose a model of militant democracy and that such ideas or beliefs, insofar as they do not they involve 'direct or indirect incitement to hatred or violence against the victims of the coup d'état, the war or the Franco regime, due to their condition as such', they cannot serve for the extinction of a foundation or association ".

Stalinism

Another criticism of the norm related to this section is that it does not provide protection for victims of human rights violations in the same period covered by the law but for which others are responsible.

For example, of Stalinism.

That would go against "the memory policies developed in the different Member States of the Union" and the important Resolution of the European Parliament of 2019 that calls for a common culture of historical memory that rejects "the crimes of the fascist and Stalinist regimes. , and other totalitarian and authoritarian regimes of the past ".

Thus, the report does not see any problems in sanctioning actions that directly or indirectly incite hatred or violence against the victims of the coup, the war or the Franco regime, but "provided that the imperative of equality is based on the same principle of dignity the dignity of the different victims of human rights violations that occurred in the historical period contemplated by the legislator is protected ".

RIGHT OF ASSEMBLY

The report considers that the proposed law would violate the right of assembly, by hindering the celebration of "public acts contrary to democratic memory." "From the scope of application of the precept," says the report that the CGPJ will vote on, "the cases of exercise of the right to assembly should be clearly excluded [...]. It should be remembered that according to constitutional jurisprudence, the peaceful nature of a The meeting is not altered by the fact that it expresses an idea or pursues objectives that may offend or annoy other people or groups ".

The law establishes that draft laws must undergo various prior examinations, including that of the CGPJ.

Also that of

the Fiscal Council

, which recently supported a very divided report in favor of the Democratic Memory Law.

According to the criteria of The Trust Project

Know more

  • Historical memory

  • General Council of the Judiciary

  • Francisco Franco Bahamonde

  • Spanish Civil War

  • Pedro Sanchez

  • Carmen Calvo

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Courts The CGPJ believes that the Memory Law prepared by the Government violates ideological freedom in its attempt to close the Francoist foundations

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