Freedom of association

Participants explained that in Spain, freedom of association and freedom of assembly were enshrined in the Constitution. However, participants shared concerns regarding the actual implementation of these freedoms.

The main concern shared by participants was linked to the implementation of the Law on citizens' security, which they believed led to a reduction of civic space. Participants described the content of the law as violating international standards and as excessively ambiguous, meaning that it could be interpreted as required, stressing that hundreds of thousands of fines had been imposed under the law.

They said that the law permitted the sanctioning of a wide range of behaviour usually linked with the right to protest and the right to strike.

For instance, participants said that the law made it possible to fine demonstrators in a disproportionate manner (fines up to EUR 600 000 for very serious offences according to Article 39 of the law). In addition, two particular articles were highlighted by participants in that regard: Article 36(6) on severe disobedience to authority and Article 37(4) on disrespecting security agents. Participants said that the police force had considerable discretion when it came to interpreting these two articles in order to impose fines. According to participants, giving the police considerable discretion regarding the application of a law regulating individual behaviour affected the balance of power at the expense of the judiciary.

Participants were also concerned about the way demonstrations were broken up by the police, which in some cases was done with excessive use of force. They illustrated this phenomenon by referring to the judgment of the European Court of Human Rights in the case "Laguna Guzman v. Spain", which concerned a protester who had been injured as a result of the violent dispersal of a demonstration by the 
police.
Related to this issue was the difficulty, according to participants, of clearly identifying police officers on several places of their uniform in the event of alleged excessive use of force. Participants highlighted a good practice from Catalonia, where police officers' uniforms now clearly display their identification number on their back, chest and helmet. They were also concerned about the apparently rare sentencing of police officers appearing in court for excessive use of force.

Participants also referred to the limitations on freedom of assembly during the COVID-19 pandemic. They reported excessive and disproportionate use of force by the police to ensure compliance with lockdown rules during the "state of alarm". Public authorities stressed at all times that the actions of the police complied strictly with the law and contested claims regarding excessive and disproportionate use 
of force.