The legal regulation of internal democracy in political parties and its problems in Spain

Abstract

The crisis started in 2008 has not only affected the economy and the social services, but has spread throughout the organizational framework designed by the Constitution and, especially, to the political parties, on which citizens demand greater democracy. In this sense, the Political Parties Act 2002 represents only a minimal improvement over previous legislation and a very limited development of the provisions of the Constitution. Lacking a more detailed development of central aspects of internal democracy as may be the method of election of the executive bodies of the party and the electoral candidates. The paper analyzes these aspects, collecting the existing case law from the Constitutional Court to the Provincial Courts.