Illiberal but democratically dressed up – download the policy paper here
Author – Guillem Ripoll
In his analysis, Guillem Ripoll evaluates the illiberal aspects of two recent legislative initiatives in Spain: the gender-based violence law enacted by PSOE and Podemos parties, and the controversial amnesty law constituting part of the governance agreement between PSOE and Junts parties. Ripoll argues that, while dressed up with a ‘democratic’ narrative, the analysed acts characterise not only by illiberal and anti-institutional tendencies but also reflect a clear incursion of politics into the realm of judges, signalling the blurring of the division of powers.
These laws illustrate the complex interplay between legislative intent and democratic integrity, underscoring the potential for such laws to inadvertently undermine the very principles they seek to uphold. Ripoll’s analysis thus underscores a critical concern: the facade of democratic enhancement may conceal deeper shifts towards illiberal governance, challenging the foundational balance of power in Spain’s political landscape.
Concluding his examination, Ripoll stresses the urgency for Spain’s political leaders to adhere to the tenets of democracy and the rule of law. He warns of the risks associated with justifying political objectives through legally dubious methods, calling for a strategic realignment that upholds the values of checks and balances and judicial independence.
The policy paper was published as part of the “Protecting European Values” project.
