Iniciativa Internacionalista and the Cynisism of Spanish Judges

We have been experiencing the proscription of all pro-independence political parties and many years of repressive policies agaisnt social movements in the Basque Country for a long time. After all these years, a new initiative, Internationalist Initiatiative, has been allowed to take part in this European Elections by the Constitutional Tribunal. Basque newspaper Gara provides some interesting views about the cynicism of the behaviour of the Spanish Judiciary.



2009/05/23

Cynicism as a legal doctrine

The positive consequences from a democratic point of view that comes from the new ruling by the Spanish Constitutional Tribunal - the possibility that Internationalist Initiative (II-SP) can be presented to the European Parliament elections and those who support their ideology and/or programme can legally vote for that option - can not disguise the cynicism that characterised this decision. The defence of "political pluralism" and the discourse of legitimacy of an abstract pro-independentist left coming from a the very same judges that have endorsed the banning of hundreds of candidates with “laughable” evidence and based on fascist concepts such as the “contamination of candidates”, are either an act of deep judicial revocation or a little trick to save the credibility of the Spanish legal system in front of international bodies.

Despite guaranteeing rhetoric of this ruling, there is no indication that a structural change of this dimension has taken place. Also, the threatening tone that the Spanish Executive maintained yesterday, which should first explain its position and then accept the political consequences of the political pressure that it has enforce on the courts, does not show any signs of remorse, far from it.

The Political Parties Act violates from the onset one of the pillars of law, that is, not to produce ad hoc legislation or to create laws that apply solely to a particular group or a single manifestation of a phenomenon and by definition not applicable to others. The verdict, paradoxically, shows how this law is aimed only at outlawing the Basque pro-independence left movement as a tradition and political expression. And there can be found a political miscalculation, even anthropological one could say, of their promoters. It was designed with the perspective that the outlawing of Batasuna would be the final push into hiding for the Basque pro-independence left . But this idea just shows a profound ignorance of the Basque situation. From this ignorance, the Spanish courts have had to enforce their own doctrine. A doctrine based on political cynicism, not the law.