Mallorca: court keeps democratic memory law in force

Mallorca, in Spain’s Balearic Islands, remains covered by the region’s democratic memory law: Spain’s Constitutional Court is keeping its repeal on hold. The Balearic Parliament voted to scrap the law in March with the support of the People’s Party (PP) and Vox. In an order dated 20 October and reported by Europa Press on 28 October, the court says the suspension will remain until it decides whether the repeal is constitutional.

Why the repeal remains on hold

Spain’s central government challenged the repeal, arguing that it would remove the legal status of victims of grave human rights violations. It also raised concerns about legal certainty and arbitrary use of public power. The court says lifting the suspension could cause irreparable harm to victims’ dignity and to a duty to cooperate with the state under national law.

The Balearic Parliament and the Balearic government’s legal service had asked the court to lift the suspension. The court found no grounds in their arguments to do so.

Five judges disagree

The court did lift the suspension on one article and a transitional provision, neither of which affects the substance of the law. Five judges disagreed with keeping the rest of the repeal on hold and wanted the entire suspension lifted.

There is no date for a final ruling. Legal sources in the Balearic Socialist Party estimate that it could come in about two years.

Topics: Court cases · Politics · Palma

Source: Europa Press / Mallorca.com