Congress Approves Law to Dissolve Francoist Associations Amid Political Controversy
On Thursday, the Plenary of Congress firmly passed a reform of the Law regulating the right of association, driven by the PSOE, aimed at dissolving entities that glorify Francoism and demean its victims. The People's Party (PP) attempted to dilute this reform by introducing amendments during its passage through the Senate—where they hold an absolute majority—but these modifications were overwhelmingly rejected by the government parties and their allies, garnering limited support from only Vox and Unión del Pueblo Navarro.
During Thursday’s heated debate, supporters of the reform accused the PP of attempting to whitewash the dictatorship, as voiced by Socialist Raúl Díaz, who accused them of catering to the far-right sentiments expressed by Vox. Specific amendments introduced by the Senate sought to change the name of the law and removed the provision that explicitly allows for the dissolution of Francoist associations, while adding stipulations to target entities that glorify terrorism or that humiliate victims instead.
Senate lawyers advised that the PSOE’s reform carried signs of unconstitutionality, a concern reiterated by PP deputy Enrique Belda, although the Senate's Table opted to allow the proposal to proceed to avoid inaction.
With the reform’s approval, the government aligns with the seventh additional provision of the Democratic Memory Law established in October 2022, which anticipated the modification of the associations law. Notably, the regulation applies specifically to associations. Meanwhile, foundations like the Franco Foundation are subject to a different dissolution process managed by the Ministry of Culture, which initiated preliminary proceedings a year ago. The PSOE's preemptive reform addressed concerns that the foundation might attempt to reconstitute itself as an association to evade potential dissolution.
The new reform incorporates an additional provision into the Law of Associations that allows for the dissolution of entities engaged in actions that glorify Francoism—specifically those which honor the 1936 coup d'état or its dictatorship—especially when this behavior includes disrespect and humiliation of the victims involved or incitement of hatred or violence against them based on their victim status.
Victims’ associations may initiate the dissolution process, which is applicable regardless of the theoretical objectives or activities stated in the association’s charter, and whether the questioned group is officially registered or not—registration serves primarily for transparency. Dissolution mandates will necessitate a judicial resolution and can be moved forward by the Public Prosecutors Office or through action by memorial groups, with the prosecution tasked with assessing the grounds for criminal action regarding fundamental rights violations, particularly concerning illegal association where there are instances of incitement to hatred or violence.
This legislative maneuver marks a significant moment in Spain’s ongoing reckoning with its past, as it actively seeks to reflect a commitment to democratic values and the memory of the victims affected by the dictatorship.
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