The conflict in the Basque Country between the separatist sectors and the Spanish government has a long history. A formal state of exception was declared in the Basque Country several times under Franco's dictatorship, although never since the “Transition” to democracy in 1978; the Transition also witnessed the derogation of the special anti-terrorist laws. Over the past thirty years, the Spanish government has claimed to fight against terrorism using the rule of law and the respect of human rights. Recently, however, the Spanish government was challenged at the European Court of Human Rights for its use of the Ley de Partidos to ban political parties in the Basque Country. This has led to the critique that fundamental rights are being obscured under the rhetoric of homeland security. The Basque radical Left claim to be excluded from political life and claim to be under a permanent 'State of Exception'. The discourse of a 'State of Exception' is popularly and overtly used in Leftist propaganda, although it is undefined. How does the Basque radical Left define the term 'State of Exception'? Is the radical Left challenging the concept of democracy in Spain? What role does the European Court of Human Rights play in constructing “democracy”, and by the same token in the legitimation of regional governments? This paper seeks to investigate these questions, exploring the possibilities of reaching a coherent definition of what is understood as the 'State of Exception' from the viewpoint of Basque radical Left groups. It will also scrutinize the role of the rule of law in the demands upon the Spanish government for the respect of fundamental rights. This paper relies seeks to understand the Basque radical Left perspective though a series of semi-structured interviews with members of this sector together with the analysis of their propaganda and communiqués. These perspectives will be considered alongside the current Spanish legal framework in the fight against terrorism. Finally, Court jurisprudence will allow for an understanding of the possible outcomes of the complaints filed by the Basque radical Left.
|Titolo:||Perceptions of the state of exception from within the Basque Country|
KHOURY, STEFANIE (Ultimo)
|Data di pubblicazione:||8-lug-2009|
|Settore Scientifico Disciplinare:||Settore IUS/20 - Filosofia del Diritto|
|Enti collegati al convegno:||Research Committee on Sociology of Law|
|Citazione:||Perceptions of the state of exception from within the Basque Country / P. Ciocchini, S. Khoury. ((Intervento presentato al convegno Research Committee on Sociology of Law and : Complexity, Conflicts, Justice : 20 years of sociology of law tenutosi a Onati, Gipuzkoa, Euskal Herria nel 2009.|
|Appare nelle tipologie:||14 - Intervento a convegno non pubblicato|