Bill to reform the citizen security law to strengthen rights and safeguards

Automatic summary, not yet reviewed

1. The bill, introduced by the Basque Parliamentary Group (EAJ-PNV), would reform the 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. on the protection of citizen security so that limits on freedoms rest on legality and proportionality, and so that interpretation favors the rights of assembly and demonstration, freedom of expression and information, union freedom and the right to strike.
2. Several offenses would be removed from the law, such as those in sections 2, 3, 14, 17, 18 and 23 of Article 36 and sections 13 and 14 of Article 37, because they are already covered by the Criminal Code or protect no clear legal interest. Section 36.23, which allowed police to seize image-capturing devices, would also be repealed as a disproportionate limit on freedom of information.
3. Spontaneous and peaceful gatherings or demonstrations, held in response to current events, would no longer be punishable if they do not disturb citizen security, and would need no prior notice. The bill also clarifies that demonstrations using vehicles on public roads are lawful.
4. Fines for administrative offenses that are not crimes could not exceed the lowest penalty for the corresponding criminal offense. New rules would take the offender's financial means into account, allowing fines to be paid in installments, suspended, reduced or replaced, and mitigating circumstances and grounds for exemption such as mistake would be recognized.
5. Police safeguards would be strengthened: people taken to police facilities for identification would receive a slip stating how long they stayed, the reason and the identity of the officers, and would have the right to be returned to the place where they were identified. Body searches outside police facilities could only be done in an emergency and in a private place.
6. The immigration law would be amended so that border returns of foreigners who enter Spain irregularly always respect the international human rights rules Spain has signed. The Government would have three months to issue implementing rules, and until then those measures could not be taken.

Who it affects

• People taking part in demonstrations or gatherings, whether spontaneous or called: They would face less risk of fines and more safeguards, especially if peaceful.
• Journalists and people who record or report: They could no longer be punished or have their material seized for spreading images of the police.
• People fined for administrative offenses: Fines would be better adjusted to their financial means and could be paid in installments or suspended.
• Foreigners at the border: Returns would have to respect international human rights rules.
• Police forces and officers: They would have more duties to document their actions and report them to courts and the prosecutor.

Words worth knowing

Ley orgánica (organic law)

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

Principio de proporcionalidad (principle of proportionality)

The duty to make measures or penalties no harsher than needed for the goal they pursue.

Non bis in idem

A rule that bars punishing a person twice for the same act on the same grounds.

Devolución en frontera (border return)

A measure by which a foreigner who has just entered Spain irregularly is sent back immediately.

Bien jurídico (protected legal interest)

The value or interest (such as security or freedom of information) that a law seeks to protect through a penalty.

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