Constitutional Court Sentences in Bildu and Sortu cases and the end of cycle of the Political Parties Act 2002 (LOPP): reform proposals

Abstract

Ten years of the Political Parties ACT 2002 (LOPP) enforcement have allowed the Courts to accumulate a vast experience of its application. Throughout these years, we have encountered several number of fraudulent strategies by the ETA and its political wing, in order to be present into democratic institutions. This paper tries to summarise the most important issues raised by the LOPP and its application during this years. Probably, the recent Sortu judgment supposes LOPP’s end of cycle. The LOPP was designed to outlaw political groups that supported terrorism. It has already fulfilled its mission. At least, it seems the Constitutional Court opinion in its STC 138/2012, judgment which describes a roadmap to Sortu in order to avoid being outlawed again in the future. The rule of law is to enable that those who previously supported terrorists can rectify, and defend their political project through democratic means. It is time to reform the LOPP in areas such as the regulation of the internal democracy into parties, or the inclusion of racist and xenophobic activities as a cause for being outlawed.