26 March 2025
From Backlog to Breakdown
Albania’s Vetting Commission recently concluded its mandate, marking a pivotal moment in the country’s judicial reform effort. Since 2016, Albania has enacted significant constitutional amendments aimed at comprehensive reforms. The results of these reforms are now obvious, with notable improvements in the judiciary’s anti-corruption efforts. However, the process itself and some interim decisions have had a detrimental effect on the efficiency of the judicial system, that is now threatening to undermine the outcome of reforms unless urgent measures are taken. Continue reading >>
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26 August 2022
Sharing the Cost of the Crisis
In late July, the two political parties supporting the Spanish Government (the socialist party and the leftist Podemos) presented a proposal for approving a law on the windfall profits of banks and large energy companies in Parliament. This is supposed to tax companies earning extra profits from the recent price increase in energy and the financial sector which was slightly affected by the increase in inflation but will have a considerable profit from the rise of interest rates. The bill could serve as an example for other European countries. Continue reading >>
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17 May 2021
The Right of Catalonian Leaders to Protest
On 22 April, the Spanish Constitutional Court issued its first judgement on the constitutionality of the conviction of the Catalonian leaders for the events of October 2017. It upheld the Supreme Court’s interpretation of the crime of sedition which blurs the line between legitimate protest and sedition. The judgment will therefore have repercussions beyond this particular case and may affect the right of protest and dissent. Continue reading >>
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20 January 2021
The Honor of the Spanish Flag
In a controversial decision dated 15 December 2020 and published one month later, the Spanish Constitutional Court has rejected the appeal of a member of an independentist trade union condemned for desecrating the Spanish flag during a labor protest. The ruling denies constitutional protection to such expressions even in the context of political activism. It challenges the case law of the ECHR and reduces the room for freely expressing political opinions in Spain. The ruling shows that the freedom of expression is increasingly at risk in Spain. Continue reading >>15 January 2020
Spain has a Problem with its Judiciary
According to the EU Justice Scoreboard of 2019 Spain is among the four EU countries with the worst perception about judicial independence among its citizens. The survey shows a trend that isn’t stopping: the perception about partiality of the judiciary is growing dangerously in the Spanish society. Causes are to be found in three elements: the political situation in the country; the shortcomings in the regulations on judiciary; the behavior of the judges themselves. Continue reading >>11 February 2019
The Spanish Model of Democracy Facing Trial
Tomorrow, the trail against nine Catalan separatist leaders will start. Without doubt, this trial will shape the future of the Spanish Constitution. Continue reading >>24 April 2017
The Spanish Constitutional Court on the Path of Self-Destruction
Recently, the Spanish Constitutional Court has published one more decision in application of the new reform of the Law on Constitutional Court which increased its powers for the execution of its own decisions. It is clear that Catalonian sovereignist politicians are acting irresponsibly and provoking the Spanish powers. The only good way to answer to this challenge is a balanced and neutral response of the Constitutional Court every time they adopt an illegal act. Instead, the Court assumed a political role. He tries to stop even any talk about independence. By doing so, it fails to respect its own role as keeper of a Constitutional framework where very diverse ideologies can be discussed. Continue reading >>27 March 2017