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Why Spain’s right is vehemently opposed to changes to sedition law

Spain's right-wing opposition is infuriated over government plans to abolish sedition, the charge used against Catalan separatist leaders, decrying the move as a gift to pro-independence parties in exchange for parliamentary support.

Why Spain's right is vehemently opposed to changes to sedition law
Catalonia's failed independence bid sparked Spain's worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution. (Photo by LLUIS GENE / AFP)

Parliament on Thursday approved a bill to reform the criminal code to drop what Spain’s left-wing coalition government sees as an antiquated offence, replacing it with one better aligned with modern European norms.

And the change should be in place before the year’s end, Spanish media reports say.

In response, the far-right Vox party has called a protest in Madrid on Sunday, while the right-wing opposition Popular Party (PP) has convened rallies across the country to express its opposition.

Right-wing parties say eliminating sedition — the charge used to convict and jail nine Catalan separatists over their involvement with a failed 2017 independence bid — will pave the way for another attempt to separate from Spain.

Initially condemned to between nine and 13 years behind bars, the separatists were pardoned last year by the leftist government, drawing fury from the Spanish right.

“Great for those in Catalonia who want to stage another coup!” PP lawmaker Edurne Uriarte told a parliamentary debate over the planned law changes.

Like European democracies

The failed independence bid sparked Spain’s worst political crisis in decades, with then-Catalan leader Carles Puigdemont and several others fleeing abroad to escape prosecution.

Spain says its efforts to have them extradited have failed because many European countries simply don’t recognise sedition as a crime, with the bill seeking to reframe the offence as an “aggravated public disorder”.

The bill aims “to reform the crime of sedition and replace it with an offence comparable to what they have in other European democracies,” Sánchez said earlier this month.

“The crimes committed in 2017 will continue to be present in our penal code, although no longer as crimes of sedition… but as a new type of crime called an aggravated public disorder,” he said.

But even Puigdemont has expressed misgivings about the legal change, saying those separatists celebrating the move “have learned nothing from the last five years”.

The new offence would carry a maximum penalty of five years behind bars, compared with 15 years for the crime of sedition.

Opposition leader Alberto Núñez Feijóo asked Sánchez to “clarify whether he is actually reforming the crime of sedition to protect Spanish democracy or whether he is just trying to politically survive” — implying the bill was payback for pro-independence party support in parliament.

“The PP’s stance is clear: we will increase the penalties for sedition and rebellion, we will make them criminal offences and will make the holding of an illegal referendum a crime,” he said of his party’s position, with a general election on the horizon.

Some reluctance on the left

The PP managed to ensure Thursday’s vote was vocal, a rare procedure in Spain in which lawmakers verbally declare their support or opposition for a bill, in a move forcing the more reluctant Socialists to lay their cards clearly on the table.

Spain’s criminal code currently defines sedition as “publicly rising up and using mass disorder to prevent the implementation of laws, by force or through means outside the law”.

More succinctly, the Royal Academy of Spanish Language defines it as a “collective and violent uprising against authority, against public order or military discipline without reaching the gravity of rebellion”.

The crime has survived various reforms of the legal code, the last of which was in 1995, but its critics say it dates back to the 19th century.

“We are revising a crime that was enacted in 1822 in Spain, dating back 200 years to when there were still military uprisings,” Sanchez said earlier this month, pointing to Germany, where sedition was abolished in 1970.

But reclassifying it as an aggravated public disorder hasn’t satisfied some on the left who fear it could be used against demonstrators.

“It concerns us… (that the new offence) could have some limiting effect on the right to peaceful protest,” argued Pablo Echenique, spokesman for the hard-left Podemos, the Socialists’ junior coalition partner which was behind the moves to abolish sedition.

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POLITICS

What happens and who takes over if Spain’s Prime Minister resigns?

Pedro Sánchez will soon announce whether he’ll step down as Spanish PM amid a corruption probe involving his wife. What happens if he resigns? Who would be Spain’s next Prime Minister? And would there be new elections? 

What happens and who takes over if Spain's Prime Minister resigns?

Sánchez has decided to take a break from his agenda until Monday April 29th to reflect on his continuity in office after a Madrid court “opened an investigation into Begoña Gómez (Sánchez’s wife) for the alleged offence of influence peddling and corruption”.

This came in response to a complaint by Manos Limpias (Clean Hands), an anti-corruption pressure group whose leader is linked to the far right.

“I need to stop and think” in order to decide “whether I should continue to head the government or whether I should give up this honour,” Sánchez wrote in a letter posted on X, formerly Twitter.

READ MORE: Spain’s PM may quit over wife’s corruption probe

The 52-year-old leader stressed he has no “attachment to the position” of PM and that he needs to assess whether it is worth staying in the premiership, alleging a smear campaign, or “strategy of harassment and demolition”, against him and his wife Begoña Gómez.

So what happens if on April 29th Pedro Sánchez announces he’s stepping down as Prime Minister of Spain?

What happens next if Sánchez quits?

Article 101 of the Spanish Constitution covers scenarios such as the resignation or death of the Prime Minister, as well as motions of no confidence.

The resignation of el Presidente del Gobierno would mean that the entire Cabinet or Council of Ministers would continue in office until a new PM was appointed.

However, the ruling left-wing coalition government would be limited in its powers, without the capacity to legislate.

Who would be Spain’s next Prime Minister and who chooses him/her?

Even though Spain has three Deputy Prime Ministers (María Jesús Montero, Yolanda Díaz and Teresa Ribera), none of them would automatically become Prime Minister if Sánchez resigned.  

The Spanish Parliament (El Congreso) would be in charge of electing the new Prime Minister in a process identical to that of the investitures held after a general election (which Sánchez used to reach power in 2023).

First, King Felipe VI would hold a round of consultations with the spokespersons of Spain’s political parties represented in the Lower House, and after listening to their arguments, he would designate a candidate.

Then, the candidate designated by the Spanish king to succeed Pedro Sánchez would undergo an investiture debate and to be elected he or she would have to receive the support of the absolute majority of the Parliament in the first vote or more yeses than noes in the second.

sanchez resignation spain

There is no automatic successor to Pedro Sánchez if he decides to resign as Spain’s Prime Minister. (Photo by ANDER GILLENEA / AFP)

As an example of this happening, in 1981 Spain’s first democratically elected PM Adolfo Suárez resigned. His party, UCD, proposed Leopoldo Calvo-Sotelo as his successor, and after an investiture debate, interrupted in its voting by the attempted coup d’état of 23F, he was elected Spain’s next Prime Minister by the Spanish Parliament.

If the candidate fails to be invested, a period of two months would begin in which new candidates proposed by King Felipe could run for the premiership. 

If after these two months no candidate achieved parliamentary support, the Spanish courts would automatically be dissolved and a new general election would be called.

Can Pedro Sánchez call another general election straight after resigning?

According to article 115.3 of the Spanish Constitution, 365 days must pass between one general election and another. Therefore, Sánchez could not order the judicial dissolution and by default another general election yet. 

The earliest date for a hypothetical electoral call would be May 30th, exactly a year after the 2023 general elections were announced.

Fifty-four days must pass between the announcement of a new general election and Spaniards going to the polls, which would mean that in this hypothetical situation Spain’s sixth general election in nine years would take place in late July. 

Could Sánchez opt for another option other than resigning?

It’s unclear why Sánchez – a risk-taker whose political gambles have largely paid off – appears to have caved in this time to the ongoing discrediting campaigns from Spain’s right-wing opposition.

Let’s not forget the weeks of protests in 2023 and early 2024 outside the Socialists’ headquarters in numerous cities against the controversial amnesty law he supported, all of which called on Sánchez to resign.

Political commentators in the Spanish Parliament on Wednesday described Sánchez as “bruised” by the investigation into his wife Begoña Gómez’s alleged influence peddling and corruption. 

But if on Monday April 29th he does not announce that he will be staying in his post, does he have any other options other than resigning?

Sánchez could call a motion of confidence. This is a political tool available to Spanish Prime Ministers in order to confront a situation of weakness in the face of the Parliament that elected him.

Article 112 of the Spanish Constitution establishes that the Prime Minister, after deliberation by the Cabinet or Council of Ministers, may raise before the Parliament the motion of confidence. 

Confidence in his premiership will be granted when the simple majority of Spanish MPs vote in favour of it.

Could this be yet another political gamble by Sánchez? A way to silence detractors in an official manner?

On Wednesday, Sánchez did say that  “despite everything, I still believe in Spain’s justice system.”

If Sánchez did not obtain the confidence of Parliament, it would be the same as if he had resigned and the process to choose a new Prime Minister through an investiture would begin.

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