27 May 2021
Workers vs Algorithms
On 11 May, Spain passed a new provision that regulates algorithmic transparency in the employment field. This new norm gives workers the right to be informed about the parameters, rules and instructions via which algorithms or artificial intelligence systems impact their working conditions and determine access to employment. The provision, for its novelty, appears to be ambitious, but its potential limitations and practical consequences will determine its success. Continue reading >>
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05 May 2021
Possibly Constitutional, But Not This Way
Earlier this year, the Parliament of the Autonomous Community of Galicia, Spain, amended the regional Health Act of Galicia to introduce, inter alia, the possibility to impose administrative fines on people who ‘unjustifiably refuse’ to comply with an order to be vaccinated against a given disease. This is the first-ever explicit legislative provision in Spain setting out sanctions for those opposing vaccination. On 21 April, the Spanish Constitutional Tribunal declared an unconstitutionality appeal against the reform of the HAG admissible. Continue reading >>
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27 March 2021
How Spanish Politics Turned into a Political TV Drama
Recently, a set of unexpected moves and countermoves in Spanish politics have resulted in the collapse of two regional governments and a snap election in Madrid. This election anticipates a fierce battle between the two blocs that have dominated Spanish politics since 2015, even more so after vice-president Iglesias’ decision to step down from government to run in Madrid. The outcome will have a significant impact on national politics, determining the fate of most actors and opening a new political cycle in Spain. Continue reading >>
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18 March 2021
The “Pablo Hasél Case”
In Spain, the recent conviction of the rapper Pablo Hasél for ‘crimes of expression’ has aroused intense public debate. He defamed members of the Spanish royal family, which is an aggravated offence under the Spanish Penal Code, as compared to defamation of any other member of the public. The reasoning of Hasél’s sentence is, on several points, hardly compatible with the case law of the European Court of Human Rights in terms of freedom of expression. It is, in fact, an overzealous application of an already problematic offence, variations of which the ECHR has already condemned. Continue reading >>
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26 February 2021
Spain: One Pandemic and Two Versions of the State of Alarm
The Spanish response to the waves of the COVID-19 pandemic that have affected the territory has so far largely relied on emergency powers. The measures were adopted on the basis of the pre-existing legal framework provided in article 116 of the Constitution and its legislative development, Ley Orgánica 4/1981 on state of alarm, exception and siege, adopted on 1 June 1981 (henceforth LO 4/1981). As explained below, two different approaches have characterised the response to the first and second wave. However, both have their legal basis on the same norms and are based on the same legal category, i.e., the state of alarm ('estado de alarma'). Continue reading >>11 December 2020
No, the Spanish Constitutional Court has not endorsed migrant push-backs in Ceuta and Melilla
The Spanish Constitutional Court has just published a long-awaited judgement on migrant push-backs or “devoluciones en caliente” at the Spanish enclaves bordering on Morocco. These push-backs are controversial, to say the least. While media rushed to cover the press release summary, and reports that the SCC seemed to have endorsed the practice were not wholly accurate, the actual judgement is flawed by internal contradictions. There is an irreconcilable gap between the theoretical respect for fundamental rights, and their effective protection. Continue reading >>30 March 2020
Fighting COVID 19 – Legal Powers and Risks: Spain
A global health crisis, broadcasted almost instantly, arguably ensures that most citizens accept health recommendations responsibly, and no coercive measures are needed for them to take precautions. In fact, the first decisions made by the Spanish health authorities with respect to COVID-19 were passed through documents with no regulatory value. However, the rapid spread of the epidemic forced these authorities to increasingly restrict various fundamental rights and freedoms. Three major legal issues arose then: firstly, whether the ordinary provisions of the health legislation were sufficient to deal with this crisis or emergency powers should be triggered; secondly, whether the central government should have powers devolved to better manage the crisis; and, thirdly, under which conditions and to what extent the government may restrict constitutional rights by virtue of these emergency powers. Continue reading >>
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07 October 2017