Does separation of powers exist in Spain? Examples and data
“Mistake by mistake towards final disaster. ” This was how the well known journalist Jordi Evole tweeted about Jordi Sánchez’s and Jordi Cuixart’s unconditional arrest warrant by Judge Lamela last Monday. The comment was made viral by many well-meaning people – some of them members of important Spanish political parties-. However, in implies a serious mistake, one of the most serious that can be committed in this critical hour that we are going through. Ignoring the fundamental rule of separation of powers -or casting doubts on it without reason- can endanger our democracy and peaceful coexistence even more than any secessionist movement. The separation of powers is the main system of control of public power: its basic purpose is to achieve the rule of law –not of the men in power-. The way that it works is that in the face of any challenge to peaceful coexistence (external or internal, such as the present secessionist movement in Catalonia), the State’s response is not exclusively in the hands of one person (such as Mr. Rajoy) or a group of people, but that it is carried out in an objective way through the application of laws that have been previously adopted and […]
Rodrigo Tena Arregui es Licenciado en Derecho por la Universidad Complutense de Madrid. Notario de Madrid por oposición (OEN 1995). Ha sido profesor en las Universidades de Zaragoza, Complutense de Madrid y Juan Carlos I de Madrid. Es miembro del consejo de redacción de la revista El Notario del siglo XXI.