The left-wing Abertzale successor of Batasuna has succeeded. It no longer needs to mask itself or look for wet nurses. It can run in the elections as the successor of Batasuna. Six fair or risky men have done it certificate . Time will tell. In any case mediating in the political discussion , without being a political actor.

Some members of the TC like to play on the edge of the system. It may be that the status of interim and extension of three of its magistrates and the empty chair of the late García Calvo, have been conditioning factors of the status. At this point it could be said that this Court, divided to resolve the essential issues: the Statute, Bildu, Sortu, sample almost with transparent mimicry, the division of the political forces on the issue. If we were in Germany and we were discussing as there on the relations between State and Society, we could ask ourselves if the non-existent communis opinio in the heart of the Court is a reflection of the very composition of the political representation of the organs of the State or of the society itself. Rather, it seems to reflect a speech that does not correspond to it. Let me explain.

The 1978 constituent did not want the Constitutional Court to mediate on the legalization of political parties. The Constitutional Court itself in the eighties -the most balanced in its composition and the most brilliant in its doctrine- declared its incompetence to decide on subject. However, the excessive interpretation of some fundamental rights, especially the right to political participation and the right to association -the way to enter into the control of political parties- together with the right to effective judicial protection, have become a legal ointment -some would say a legal mantra- capable of entering into any topic, whether it is of its original skill or not.

In the case of Sortu and while awaiting the text of the sentence, as in the case of Bildu, the distrust towards the conference room of Art 61 of the SC (the one that decides on the legalization or not of political parties) and an excessive interpretation of its role in the political system, as the ultimate guardian of fundamental rights, have mediated as in the case of Bildu. Self-containment or self-restraint is a constitutional value that the TC does not always internship.

The importance of its decision in plenary session of the Executive Council discussion on ETA cannot go unnoticed. A weakened ETA that needs to count on political supporters to legitimize its speech , which unbalances or neutralizes the match point between the State and the terrorist group. It gives wings for those who wish to break or at least unbalance the State to find in its institutions the endorsement to try to do so. The TC dictated in 1989 an unfortunate sentence, the STC 136/1989, whose consequences were the release from prison of the Bureau of Hb. Now, almost twenty-five years later, it facilitates the protagonism of Batasuna. It is true that the position of the majority, with its President at the head, externalizes a doctrinal and political position that relies on participation and on the open discussion in a democratic society for the solution of the so-called Basque question, thus supporting a current of political opinion that defends -now it is no longer necessary- the legalization of the former Batasuna. All in all, it is an unnecessary and excessive risk for a Court, even though it is vested with the authority of the TC.

A Judgment for the history of a divided Court. It could be said that the political tension has also reached the institutions. Spain and its institutions, whether representative or not, are definitely going through one of the most brilliant pages of their history in 2012. Feeling that the bicentennial has not done justice neither to Cadiz nor to the Spanish people!