More than six years after the arrival of Pedro Sánchez as President of the Government and more than nine years since the approval by Congress of the Organic Law for the Protection of Citizen Security thanks to the absolute majority of the Popular Party, the governing coalition reached an agreement with Basque separatists to amend the law after several failed attempts and despite opposition to certain aspects of the law from the majority of political parties represented in Parliament since its approval.
To understand the ins and outs of this negotiation, the relevance of finally reaching an agreement and the possibilities of it materializing this time, it is important to set things straight. Here are the keys:
What changes will be introduced into the law?
The agreement concluded this Thursday between the Government and EH Bildu (you can consult it here) modifies the name of the Law for the Protection of Citizens’ Security which, once approved, would be called “Organic Law for the Protection of Liberties and Citizen Security. » . The agreement, which was communicated from the Congress by the spokespersons of the Nationalist Party during a press conference, touches on the four specific points that pushed EH Bildu and ERC to deviate from the agreement reached between the ‘Executive and the rest of the investiture partners. in 2023.
First, it was agreed to modify section four of article 37 of the standard to put an end to unjustified sanctions or sanctions based on subjective interpretations. To this end, “insults or insults” directed at members of the security forces will now be considered offenses instead of the old definition of “lack of respect and consideration”, which is much broader and subject to interpretation . In addition, it is added that these must be “relevant” expressions, which prevents “disagreement” with a legitimate mandate or the exercise of freedom of expression from being considered punishable, and the sanction will be canceled if the person involved retracts or apologizes.
Another of the modifications agreed on Thursday is the transformation from serious offense to minor offense of disobedience to authority and its agents, as well as resistance “by physical opposition” or the “manifest and clear” refusal to identify oneself on order from an authority. . In the new article, which will become article 20 of the aforementioned article 37 of the new law, it is specified that this offense only applies when the order given by the agents is “legal or in accordance with the law or to the judiciary”. something that does not appear in the current law.
The third point of agreement concerns the use of rubber bullets by state security forces and agencies, which must be gradually replaced by less harmful means. Thanks to a new additional provision, authorities are obliged to develop specific protocols for the management of demonstrations and meetings and which include, among other details, the anti-riot equipment to be used and oblige them to avoid materials “that cause irreparable injuries. , as well as the “gradual” elimination of rubber bullets.
Finally, a period of six months is provided to revise the immigration law and specifically its tenth additional provision (approved in 2000 under the government of José María Aznar), in which “the rights of migrant persons”. To this end, “access and assessment of applications for international protection” will be made mandatory before the process of possible expulsion of the migrant.
Reactions to the agreement
“With this agreement, we unblock the situation and ensure that the big pending issue, that of ending the gag law, becomes a reality,” said EH Bildu spokesperson in Congress, Mertxe Aizpurua , during the press conference during which the agreement was presented. which emerged after more than six months of conversations and negotiations, as parliamentary sources told elDiario.es on Thursday. On behalf of the government, the Minister of the Interior, Fernando Grande-Marlaska, only spoke on Thursday, emphasizing that the law will be “modern and unequivocally aligned with constitutional values”, without going into the evaluation of the content of the agreement.
All political forces positioned themselves on the agreement throughout Thursday, even some like the general coordinator of the PP, Elías Bendodo, even before it was presented by EH Bildu spokespersons. Bendodo declared that “it is an offense to all Spaniards” and that he finds it “scandalous” that the Executive has reactivated “the exchange of prisoners for budgets”. Later, the Almeida government called it “indecent” and “unworthy.”
For his part, Podemos spokesperson Pablo Fernández described the agreed changes as an “aesthetic touch-up” and believes that they are “clearly insufficient”, because according to him, rubber balls are not expressly prohibited and Illegal returns of migrant goods are not eliminated. people, the so-called hot returns.
An opposing line was expressed by the ERC’s spokesperson in Congress, Gabriel Rufián, who boasted that the PSOE would give in to their demands and went so far as to call the agreement a “historic agreement.” Esquerra Republicana was one of the groups that canceled the modification agreed by the PSOE and Sumar in 2023 because it did not meet their demands.
The PNV and Junts have already announced that they will present amendments to the text agreed between the government and the Basque group. On the side of the Basque nationalists, they warn that they will propose changes concerning the offenses of disobedience and welcome the agreement because “what is proposed is the initiative that we promoted in 2017”, as recalled by their spokesperson Aitor Esteban. in Congress. Junts only states that they will study the changes and “negotiate” without making “accessions”.
From consensus within the opposition to lack of support to repeal it
Reform of the gag law is one of the main demands of all of the Government’s progressive parliamentary partners since the last legislature. It was also mentioned in the regeneration plan approved in September, but without any details. In the chapter entitled “Establishment of greater guarantees of media independence”, the “reform of Organic Law 4/2015, of March 30, on the protection of citizen security, is established in its article 36, section 23, on the qualification of the sanction for the use of images of state security forces and organizations.
The repeal of this organic law, known as the gag law, was part of Pedro Sánchez’s campaign promises, when he was leader of the opposition, when he declared that the PSOE would repeal the rule as soon as she would be adopted. power. . Podemos and Izquierda Unida also demanded the reversal of the norm, which was reflected in the agreement signed between the PSOE and Unidas Podemos for the first progressive coalition.
The agreement on this law between the PSOE and Sumar was reflected in the inauguration pact: “We will reform and repeal aspects of current regulations that limit the rights of assembly and freedom of expression (the “gag law”). and the Penal Code). ). », Specifies the document signed on October 24, 2023.
Despite everything, the law on citizen security, promoted by the government of Mariano Rajoy to restrict the right to demonstrate, has been in force longer under the parliamentary majority which promised to repeal it than under the executive which adopted it. promoted.
Failed attempt to reform the rule in 2023
Congress was close to dismantling the law last year, after a tortuous negotiation between legislative partners and the government. The conversations clashed on four points: the use of rubber bullets – which this rule does not regulate –, harsh reactions, fines for disobedience and lack of respect for authority. ERC and EH Bildu demanded the elimination of these four points, the most “harmful”, according to their arguments, and the PSOE rejected these demands which it considered as “apologies”.
The use of rubber bullets was not regulated in the 2015 law and the permissiveness of hot returns was included in an additional provision of this text, but the government asked to take this into account in a future legislative reform.
Already in the current legislature, Sumar registered a proposal that saved all the agreements reached in previous years, but which again left aside these four controversial points, in order to reopen a discussion within Congress with the other groups. The proposal, defended by the parliamentary group, dismantled 98% of the gag law.
However, in mid-July 2023, the second vice president of the government, Yolanda Díaz, assured that her group had reached an agreement with the PSOE for the repeal of the norm, which ultimately only provided for the modification of a point in the text: concerning the broadcast of police images; something much less ambitious than what was agreed in the last legislature and what was recorded by this group in Congress a few months ago, which led ERC and Bildu not to support the modification.
ERC and EH Bildu continued to maintain their red lines on this law, as proven by Sánchez’s appearance in August, and then refused to vote for a reform that did not address the four points that had generated conflicts during previous negotiations.
