The Congress of Deputies approved three months ago the first procedure of the Legislature to reform the Gag Law. This is the fourth attempt to disassemble the law that cits the right to citizen protest since its approval almost a decade ago. But the parliamentary groups interested in the reform have not yet begun to address the technical works to start it and hope to open the negotiations in the session that begins next week.
The groups interested in this reform are those that make up the so -called investiture block, more committed to democratic advances than with the social agenda. In this case, even Junts is fully convinced of the need to dismantle the norm approved by the government of Mariano Rajoy in 2015 and that an editorial of the newspaper The New York Times He came to qualify as a law with Francoist reminiscences.
In spite of everything, the text has been in force for much longer with progressive governments than under the mandate of the PP. The Congress has tried to reform it on successive occasions, in line with the electoral promises of different camera parties, including the PSOE. The threat that came further occurred during the past legislature, but the clash between ERC and EH Bildu with the PSOE for four issues, mainly the prohibition of rubber balls and hot returns, frustrated their repeal.
The matches that work in the text have a symbolic date in the mind. The tenth anniversary of the entry into force of the Mordaza Law, officially called Citizen Security Law, will be fulfilled on July 1. The Rajoy government approved it in the Council of Ministers on March 31 and its absolute majority in Congress gave it the final green light about three months later.
Sources of these parties argue that they want to avoid reaching the age of ten with the law in force and that is why they hope to activate in the session that begins next week the negotiations to launch the reform. It would be practically zero because they have barely spoken since Congress took it into consideration, on October 29. There have only been, according to these sources, informal conversations between the groups “about the content and scope of the amendments.”
The text approved by Congress starts with an advantage over the past legislature: it is born from a first agreement between the PSOE and EH Bildu. Both forces agreed to eliminate the use of rubber balls and, on the other hand, include in the law a provision that urges the foreigner law within six months to end hot returns. It also modifies the sanctions for respect of respect for authority and disobedience.
These four points hindered the last negotiation with the Socialists, although some matches such as Podemos believe that this writing is ambiguous and leaves the norm in a mere aesthetic retouching. The text, as approved in Congress three months ago, talks about “eliminating” rubber balls and replacing them with another less harmful material, but does not prohibit them directly. Those of Ione Belarra fear, on the other hand, that this provision on hot returns is nothing, since it would need the votes again of the entire investiture block to reform the foreigner law.
Two years ago, however, we can voted in favor of approved the text without those four conflicting points in the Interior Commission where the reform fell. EH Bildu and ERC are satisfied with the current written and believe that it is the PSOE who has ended up yielding. In the negotiation of the last legislature, the Commission spokesman for Unidas Podemos was headed by Enrique Santiago, at that time aligned with Yolanda Díaz in the internal struggle with those of Ione Belarra. Podemos did not criticize the negotiation of the deputy of the United Left – which charged against the independentists for dropping the law – but did reproached the PSOE that it would not have moved enough in those four points.
We can gave its support in October to the taking of the text, but it has already presented amendments that go in that line. In one of the amendments, to which this newspaper has had access, they include an express prohibition of rubber bullets members, loss of a sense or even death. ”
To prohibit hot returns, we can eliminate the tenth additional provision of the Foreigners Law that regulates this type of border expulsions. That provision was introduced by the PP precisely in the Gag Law, in 2015, and that is why the PSOE had asked to directly reform the Foreigners Law to address this issue.
They also include a modification for agents to deliver to people who identify a proof with their professional card number and the explanations of the reasons and another amendment to prohibit “public shows and recreational activities whose main or unique activity consists of abuse or death of animals ”.
The law also carried the signature of adding, PNV and BNG, although the Jeltzales have already registered a battery of amendments that returns in most aspects to the agreement that was achieved during the presentation the previous time.
The text that was about to prosper then was born precisely from an initiative of the PNV, which served as the basis for the work of the rest of the groups. The Basque Group, according to the amendments that it registered at the end of the year, seeks to maintain as serious infractions – and not mild as they agreed EH Bildu and PSOE – the faults due to disobedience, resistance to authority and the manifest and clear refusal to identify. It also maintains as serious the so -called “Kundas”, transfers to people in any type of vehicle “with the aim of facilitating drug access to these, provided that it does not constitute a crime.”
The text that is already processed in the objective Congress, which were previously considered to respect so that they now refer to “insults or insults” that are not a crime. “Until now, an arbitrary criterion worked, the faults to the authority have been to carry a shirt, a pin, a look or a tone. With the new law the insults or insults that are not a crime will be sanctioned, that it is something objective, that they are relevant expressions, ”explained the deputy of EH Bildu Jon Iñarritu during the presentation of the initiative.
As for disobedience, it will go from a serious to slight infraction and a criterion is added to be “clear and objective.” Disobedience “will be fined” in the case of the refusal to fulfill a legal order or adjusted to legality or legal system and when it is not constitutive of criminal offense “, for resistance to authority it will be assessed that there is” bodily opposition “when It is the “refusal to fulfill a legal order or adjusted to legality or legal system, and when it is not constituting a criminal offense.”
In these last two points, the PSOE has accepted a practically identical writing to that proposed by EH Bildu and ERC in the negotiation of the report of the presentation during the past legislature, which ended up lying between accusations to the PSOE for their immobility.
Junts and BNG have also presented amendments that go along the same lines as those of Podemos when expressly prohibiting rubber balls. Catalan independentistas establish that on December 31 of this year “the total prohibition” of these projectiles is effective and a new model is established that “in any case must guarantee the availability of robust tools that allow a range of differentiated tactical options” . The Galician training establishes the prohibition of “the use by the security forces and bodies of the state of any dispute element that can cause personal damage.”
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