Jean Monnet Chair and Lead Researcher of the Rule of Law in Europe project, Susana Sanz Caballero, has published a column on the Rule of Law and its situation in Spain in the digital media outlet El Debate.
In this article, the Lead Researcher of the project on the Rule of Law in the European Union, Professor Susana Sanz Caballero, addresses the current situation in Spain regarding the rule of law, democracy, and human rights, using the Council of Europe’s organization as a reference. The professor emphasizes that this organization continues to be a benchmark in the European continent for human rights and democracy, and no country can be admitted if it violates these fundamental principles.
The first part of Professor Sanz Caballero’s column highlights the role of the European Commission for Democracy through Law (Venice Commission) of the Council of Europe, an organ responsible for providing advice to members to align their legal structures with European and international standards. It focuses on the importance of the rule of law, defined as a legitimate, certain, and predictable system where each person should be treated with dignity, equality, and rationality and has the opportunity to challenge decisions before independent courts.
In the second part of the article, Dr. Sanz focuses on questioning the existence of the State in Spain, especially due to peripheral nationalist movements and the government coalition that aims, Professor Sanz argues, to transform the autonomous state into a plurinational state. The article also raises questions about the existence of the rule of law in the country, questioning legal certainty and the separation of powers in a context where the executive seems to have excessive control over institutions and oversight bodies, in addition to the abuse of the figure of the Decree-Law.
Finally, the professor reflects on the concept of Spain and points out the worrying situation of polarization and tension in society. The apparent passivity of citizens in the face of challenges to the rule of law is criticized, and there are questions about the lack of reaction to possible abuses. Lastly, Professor Sanz calls for Europe’s position as a “protective umbrella” and expresses concern about the apparent lack of response to the situation of the rule of law in Spain.
Read the original article here.
