In this article for ValenciaPlaza, ad personam Jean Monnet Chair and member of the research team on the Rule of Law in Europe, Antonio Bar Cendón from the University of Valencia, addresses the commemoration of the 45th anniversary of the 1978 Constitution in Spain and raises concerns about recent legal and political changes that, according to the author, aim to transform the constitutional regime and the political system. Professor Bar argues that these changes, for the most part, are not guided by a rational plan for constitutional revision but rather by the conjunctural political interests of the ruling group. Furthermore, he suggests that these changes have seriously affected the Rule of Law in Spain.
Professor Bar highlights the presentation of a proposition for an organic amnesty law as part of a political pact between the PSOE and Junts, pointing out that this could jeopardize key constitutional principles such as the separation of powers, judicial independence, equality before the law, and the protection of political pluralism. The lack of constitutional foresight for the use of amnesty is underscored as a central argument against its application. The article also raises two fundamental questions: whether the Rule of Law and the 1978 Constitution are at risk of serious violation, and if so, what the European Union could do to prevent it. It is mentioned that in Spain, turning to the EU as a last resort to defend the Rule of Law and the Constitution has been proposed.
Regarding the EU’s actions, the legal framework and mechanisms designed to protect the Rule of Law are described, including the Annual Report on the Rule of Law in the Union and the Regulation on the protection of the Union’s budget. However, Professor Bar points out that the sanctioning procedure of Article 7 of the Treaty on European Union (TEU) has been ineffective in previous cases, such as those of Poland and Hungary. Finally, the author concludes by expressing the hope that the integration process of the 1978 Constitution continues without external intervention and endures for many more years.
Read the article published on ValenciaPlaza here.
