Bill to repeal the public security law known as the 'gag law'

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1. The Socialist Parliamentary Group introduces this bill to repeal Organic Laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 4/2015 on citizen security, known as the 'gag law', and to restore most of the legislation in force before it took effect. This is not an approved law, only the initial text filed in Congress.
2. The statement of reasons argues that the 2015 law cuts fundamental rights such as assembly, demonstration and freedom of information, and that it allowed the so-called hot returns of migrants in Ceuta and Melilla. It calls for a law more respectful of rights, with guarantees and proportionality in penalties.
3. The proposed text restores the preventive measures of the earlier law: rules on weapons and explosives, public shows, personal documents (the national ID card would be mandatory from age fourteen), record-keeping for activities such as lodging or trading in jewelry, and security measures at establishments.
4. It regulates police actions to maintain security: identifying people in public spaces (with a maximum of six hours at police facilities if identification is not possible any other way), dissolving demonstrations in the cases set by the assembly law, entering and searching homes only in constitutionally allowed cases, and coercive fines of up to 150 euros for ignoring orders.
5. The penalty system distinguishes minor, serious and very serious offenses. The proposed fines range from up to €300.51 for minor offenses to between €30,050.62 and €601,012.1 for very serious ones, and offenses expire after three months, one year or two years. For foreigners, penalties for serious or very serious offenses could be replaced by expulsion from Spain.
6. The repealing provision repeals Organic Law 4/2015 and also the tenth additional provision of the foreigners law, which allowed hot returns. The Government is authorized to update fine amounts based on the Consumer Price Index.

Who it affects

• The general public: They would be affected by the proposed rules on identification, personal documents and behavior in public spaces.
• Organizers of demonstrations and public shows: They would have to meet the requirements of the assembly law and show regulations, with penalties if they do not.
• Businesses and establishments (weapons, lodging, jewelry, entertainment venues): They would have to keep records, adopt security measures and respect authorizations and opening hours.
• Foreign nationals: Serious or very serious penalties could be replaced by expulsion from Spain.

Words worth knowing

Ley Orgánica (Organic Law)

A law reserved for major matters, such as fundamental rights, which requires a special majority in Congress to pass.

Derogar (repeal)

To invalidate a law or part of it.

Devoluciones en caliente (hot returns)

Immediate expulsion of migrants who cross the fences of Ceuta or Melilla, without an individual process beforehand.

Prescribir (statute of limitations)

When the deadline to penalize an offense or collect a penalty passes, so it can no longer be done.

Recurso de inconstitucionalidad (constitutional challenge)

A request to the Constitutional Court to review whether a law contradicts the Constitution.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries