The Constitutional Court overturns Prohens' decision to repeal the Law of Memory of the Balearic Islands

PalmaThe Constitutional Court stops the repeal of the Democratic Memory Law approved by Prohens' Government with Vox. It should be noted that the repeal of the norm in question was the first legislative initiative promoted by Vox that moved forward in almost three years of pact with the PP.

According to the same court's report this Tuesday, the suspension derives from the challenge filed by the Spanish executive under article 161.2 of the Spanish Constitution, which allows the state government to appeal to the TC provisions and resolutions adopted by the autonomous communities. The measure has been effective since last June 9, the date on which the appeal was filed.

The Ministry of Territorial Policy and Democratic Memory already warned last May that it would appeal the repeal approved by the Balearic Parliament. In the appeal, the Spanish government maintains that the repeal of the norm could violate rights recognized in the Constitution by eliminating the legal framework for the protection of victims of serious human rights violations. Likewise, it considers that the law could encroach on powers reserved for the State and violate the principle of cooperation between administrations. The Executive also argues that the repeal could contravene the constitutional principles of legal certainty and the prohibition of arbitrariness by public powers.

With the admission to process of the appeal, the repeal of the Law of Memory and Democratic Recognition of the Balearic Islands, approved by Parliament last March with the votes of the PP and Vox, is provisionally suspended. This suspension will remain in place until the Constitutional Court rules on the merits of the appeal.

The repeal of the Law of Memory and Democratic Recognition was approved by Parliament in March this year with the favorable votes of the PP and Vox. The norm, in force since 2018 and promoted during the second Progressive Pact, regulated public policies of democratic memory in the Balearic Islands, including the location and exhumation of mass graves, the identification of victims of Francoist repression, the removal of fascist symbolism, and the protection of memory sites.

The repeal of the law represented the first legislative initiative promoted by Vox that prospered during the legislature thanks to the support of the PP, even though the two parties had already broken their parliamentary agreement. Marga Prohens' Government defended at the time that the state law of democratic memory already covered these policies and that the autonomous law generated administrative duplicities. Both the opposition groups and memorialist entities rejected this argument and warned that the repeal left the Balearic Islands without their own regulatory framework to develop these policies.

It should be remembered that the Government's decision triggered a strong social backlash. Memorialist associations, families of Francoism victims, trade unions, and left-wing parties mobilized on several occasions in front of the Parliament and in other parts of Mallorca to demand that the law not be repealed. They also denounced that the repeal represented a setback in the recognition of victims' rights and in policies of truth, justice, and reparation. Several entities also warned that the disappearance of the law could affect the continuity of exhumations, educational programs, and research work on Francoist repression in the Islands, among other things.

Memòria de Mallorca urges the Government to apply the Law of Memory

The association Memòria de Mallorca has welcomed the Constitutional Court's decision to suspend the repeal of the Balearic Islands' Memory Law and has denounced the "paralysis" in the application of the norm by the Government, for which reason it has demanded the urgent convening of the commission responsible for its development.

The entity explained that the judicial resolution, which keeps the regional law in force while the unconstitutionality appeal filed by the state government is resolved, represents "a success and an encouragement" for associations working in defense of the rights of Francoism's victims.

Despite everything, Memòria de Mallorca maintains that Prohens's regional Executive has maintained an attitude of "deliberate inactivity" regarding the development of the law. The organization also assured that, during the three years of the current term, the commission responsible for executing the regulations, of which the entity is a part, has only met on two occasions. Therefore, the entity has urged the Balearic Executive to convene "urgently and immediately" this body and has warned that the suspension of the repeal will be of no practical effect if the law continues to be undeveloped.