The Threat of ‘Lawfare’ and the Defense of the Rule of Law: A Lawyer’s Perspective

• “LAWFARE”

Adolfo Suárez said in his resignation speech as President of the Government of Spain in 1981 that, “There are times in a man’s life when he assumes a greater sense of responsibility.” and I think that today is one of those vital moments that Suárez announced…

Due to the concern that the current political moment causes me, I have the feeling that it is better to remain silent as a Lawyer, in the face of the frontal attack on the Rule of Law and the separation of powers that is being processed in Congress, after the signing of the PSOE – JUNTS agreement and the presentation of the organic amnesty law proposal is not assuming the responsibility that Adolfo Suárez spoke to us about.

I believe therefore that I have the obligation to speak out (with my humble and insignificant individual contribution as a Lawyer) in defense of the basic pillars of our Constitution that are being pierced for the pleasure of those who have violated the Law, have been convicted for it or have evaded the action of Justice.

In my opinion, while contrary opinions and silence on the matter are of course respectable, which is why we are in a Democracy, I understand that jurists, businessmen, unions, workers, self-employed workers, journalists or any social, business or organization of any class and nature, no matter how small or large, as well as any citizen who does not share the attack on the rule of law and especially the lawyers Since we do not share it, we cannot remain silent in the face of the violation of the constitutional precepts and the basic norms of the Spanish legal system advocated by article 1 of the Preliminary Title of our Constitution (which is the first for a reason).

As a Lawyer, I understand that we should not remain impassive in the face of the interference that is intended to be carried out in the work of Justice, in the work of the Judges and the Courts, undermining the separation of powers and also, using an English term for this. “lawfare” by those who have just approved that all Spanish languages ​​be co-official in the Congress of Deputies.

Apparently, in Spanish, Basque, Catalan, Aranese, Valencian or Galician dictionaries, there is no word that reflects what “lawfare” really means.

And “Lawfare” does not mean what they say it means, “Lawfare” means legal insecurity, breakdown of the separation of powers and breach of equality between all citizens (who will no longer be free, nor certainly equal) means violating the Constitution and the Law and means, ultimately, “erasing” the crimes of all those who have been undermining every day for several decades and especially since 2012, the basic pillars of our social and democratic State of LAW.

I encourage all those who are against or are not in favor of AMNESTY and LAWFARE, not to look the other way and to speak out peacefully and publicly in defense of Democracy, the Rule of Law and the Constitution. The moment and the situation deserve it.

Jesús Blasco Marqués.

Lawyer. Member No. 300 of the Teruel Bar Association.