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Independence and Constitution in Spain


There’s a serious political problem in the Spanish Kingdom that seems difficult to resolve and leads to a vicious circle.

Probably because of the influence  of Francoist ideology, having independence as an objective is contrary to the Spanish Constitution, (art.2 insists on “The indissoluble unity of the Nation (…),” for instance), but the legal and political framework allows no less than 4 political parties, (Esquerra Republicana, Junts per Catalunya, the CUP and Bildu,) to include the independence  of their territories as a goal in their by-laws.

As unconstitutional, these parties (or at least that specific goal concerning independence in their by-laws) should be declared illegal. But this is not possible. 

In accordance to the Spanish Law on Political Parties,  the initiative for the ilegalization of a party corresponds to either the Government, or the Public Prosecutor but both paths are closed. The Government will not  do it because these parties are Pedro Sanchez’s Goverment allies; the Attorney General, Dolores Delgado,  is a member of the Socialist Party, (which violates the principle of separation of powers).

As if this were not enough, some of these parties are represented in the European Parliament. It’s difficult to understand how the  European Parliament can host parties having goals that contradict  the Constitution of their own (European) country, a fellow member of the European Union.

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