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Back to Sobre el 15-M y la convivencia pacífica en democracia

Asunción de la Iglesia Chamarro, Professor of Constitutional Law, University of Navarra

On 15-M and peaceful coexistence in democracy

Tue, 24 May 2011 15:54:32 +0000 Published in Navarra Newspaper

I admit that from entrance I have a certain amount of sympathy for 15-M, because it breaks with citizen apathy and vigorously demands some very reasonable issues -which more or less people understand and share-. Others fall within the tastes or political preferences of each one of us.

Without going into the basic topic of "real democracy", I dare to say that not all the mountain is oregano, nor the sympathy aroused by this civic resistance eliminates the problem of the limits in the exercise of rights. There is a discussion on whether the Central Electoral board has been right or wrong in declaring the rallies contrary to the law: is this type of demonstration allowed in an election campaign? and in a workshop of reflection?

As I see it, in principle, the workshop of reflection in this story is no more than an accidental - not essential - element of democracy. It is absent in many countries - Anglo-Saxon ones - and they are perfectly democratic. But its absence will perhaps be compensated for by other rules relating to the way the electoral process is conducted or the way it is understood. But in our legal system it is foreseen. And if there is, it must be respected. The law of 1985 prohibits campaign acts of parties, candidates and coalitions in workshop of reflection and the day of voting. But, beyond the letter of the law, the Electoral board has resolved considering the ultimate purpose of the rule: to guarantee to the voters and to the society in general a climate of tranquility on the eve of the elections and on the voting day. To the usual uneasiness, the Central Electoral board has divided, this time between the literalness or the purpose of the rule. Little financial aid in this case the division, which basically reflects one of the problems of the system, that sometimes it sets traps for itself.

Back to the case. Two fundamental freedoms concur here. That of some to express themselves when they want and how they want in public and in all media on political issues and the meaning or value of votes and, on the other hand, the individual right -but of all- to free suffrage recognized in art. 23 of the Spanish Constitution. And "free" can mean many things: freedom to vote or not to vote, or to vote blank, black or for any of the options presented. And this freedom is understood without any pressure from the environment, from the candidates, or from anyone.

Does 15-M condition your attitude at the polls? Personally, I recognize that I do not usually wait for the workshop reflection to decide the direction of my vote. But there will be those who do. Or there will be those who, having made up their mind, end up changing it or going to the countryside. And then, thinking about the possible influence of 15-M, there will be readings for all tastes, depending on the fair. And everything as a whole is worrying. The peaceful social acceptance of the result of the ballot boxes is essential in a democratic system; and although it has its flaws, ours is and needs the general feeling of conformity with the result.

There are no absolute fundamental rights. Often, rights and freedoms play in a dance of reciprocal restraint and one ends where the other begins. That is why, having said what has been said with the 15-M, exposed the complaints on the table with worldwide echo, they must gain the legitimacy of their speech also through respect for their fellow citizens.