The situation of the democratic rule of law in Spain
Pablo de Lora, Francesc de Carreras and Andrés Betancor
On 19 June 2025, the Foundation organised the dialogue "The Situation of the Democratic Rule of Law in Spain" in which Pablo de Lora, Francesc de Carreras and Andrés Betancor took part. On the occasion of the presentation of the Memorial "Por la recuperación de la normalidad democrática" (For the recovery of democratic normality) resulting from the Encuentros en el Espacio Público held at the Rafael del Pino Foundation.
Pablo de Lora is Professor of Philosophy of Law at the Universidad Autónoma de Madrid. A specialist in fundamental rights, bioethics and legal theory, Pablo de Lora has devoted his career to analysing the limits of law in democratic societies. He is the author of numerous essays on freedom, identity and personal autonomy, and a recognised voice in public debate for his clarity of argument and commitment to critical thinking.
Francesc de Carreras is Emeritus Professor of Constitutional Law at the Autonomous University of Barcelona. A leading jurist and intellectual in Spanish constitutionalism, he has devoted his career to the study of the rule of law, territorial organisation and constitutional justice. He has played an active role in public and political debate in defence of the constitutional framework and liberal democracy.
Andrés Betancor is Professor of Administrative Law at CUNEF University. He is an expert in economic regulation, public law and the institutional framework of the democratic rule of law. At the Rafael del Pino Foundation he coordinates the series of meetings "Let's talk about institutionsThe aim of this cycle is to contribute, through dialogue, to the strengthening of the rule of law in Spain.
Summary:
On 19 June 2025, the Rafael del Pino Foundation hosted the dialogue "The Situation of the Democratic Rule of Law in Spain".with the participation of professors Pablo de Lora, Francesc de Carreras y Andrés Betancoron the occasion of the presentation of the memorial For a return to democratic normality. This document, which is the result of four years of reflection within the Let's talk about institutionsis a wake-up call to the institutional deterioration in Spain and its impact on the quality of democracy and economic development.
Democracy and institutional decay: partitocracy, populism and broken representation
The speakers agreed that there is a twofold threat to democracy: the advance of the partitocracywhich neutralises pluralism and turns institutions into instruments of power for the majority parties, and the rise of the populismwhich appeals directly to the people without institutional intermediation. This "pincer" erodes the representative principle and breaks the constitutional balance. In this context, Parliament has ceased to fulfil its deliberative and oversight function, which weakens democratic checks and balances.
The law as a battering ram: abuse of decree law and symbolic legislation
One of the main points of the memorial is the warning against the systematic use of the decree-law as an ordinary form of legislation. According to Francesc de Carreras, this phenomenon, which has been growing for decades, has reached worrying levels (more than 80% of the regulations with the status of law between 2019 and 2023). The recourse to the urgency procedure empties parliamentary debate of content, hinders citizen scrutiny and turns the law into an ideological and ephemeral instrument. Added to this is the proliferation of symbolic lawsThe legal framework, with little legal operability, blurs the boundaries between law and propaganda.
Justice and judicial independence: a column at risk
The justice was defined as one of the last remaining pillars of the rule of law. However, both De Carreras and De Lora warned of the growing threats to its independence. From political pressure on individual judges to the public delegitimisation of judicial decisions, as well as the politicisation of the Constitutional Court, the speakers denounced a drift that compromises the principle of the separation of powers. In the words of Pablo de Lora, "constitutional justice needs unquestionable professional solvency and independence to generate confidence in the system".
Economic freedom and legal certainty: basic conditions for prosperity
The memorial also addresses the deterioration of two key economic pillars: the property right and the freedom of enterprise. Both guarantees, enshrined in Articles 33 and 38 of the Constitution, are threatened by increasing public intervention without a solid basis in ordinary law or respect for the rule of law. legal certainty. Pablo de Lora stressed that without regulatory predictability and effective protection of the legal framework, neither the free development of the personality nor long-term productive investment is possible. The use of private law for distributive justice purposes - for example, in housing - compromises the coherence of the system and generates counterproductive effects.
An active defence of democratic normality
The memorial, signed by 21 jurists, seeks to recall that the democratic normality cannot be taken for granted.. It requires reliable institutions, predictable rules, limited powers and a citizenry committed to constitutional values. In short, as Andrés Betancor concluded, "democratic normality is the ethical infrastructure of prosperity".
The Rafael del Pino Foundation is not responsible for the comments, opinions or statements made by the people who participate in its activities and which are expressed as a result of their inalienable right to freedom of expression and under their sole responsibility. The contents included in the summary of this conference are the result of the debates held at the meeting held for this purpose at the Foundation and are the responsibility of their authors.
The Rafael del Pino Foundation is not responsible for any comments, opinions or statements made by third parties. In this respect, the FRP is not obliged to monitor the views expressed by such third parties who participate in its activities and which are expressed as a result of their inalienable right to freedom of expression and under their own responsibility. The contents included in the summary of this conference are the result of the discussions that took place during the conference organised for this purpose at the Foundation and are the sole responsibility of its authors.
