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Spain’s Constitutional Court Upholds Suspension of Cantabrian Memory Law in 7-5 Vote

The ruling extends an automatic freeze triggered by Pedro Sánchez’s appeal under Article 161.2 until the court issues its final judgment.

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Sede del Tribunal Constitucional.

Overview

  • Law 1/2024, which repealed Cantabria’s 2021 Historical and Democratic Memory statute enacted by a PP-Vox majority, remains on hold indefinitely.
  • Judges Enrique Arnaldo and Concepción Espejel issued a dissent arguing there is no demonstrated harm to constitutional rights that justifies the suspension.
  • The dissenters also criticized the reliance on undefined “memorialistic rights” and warned the majority is preempting its eventual ruling on the law’s substance.
  • The seven-member progressive bloc voted to maintain the suspension while a five-member conservative minority opposed the decision.
  • In his appeal, Sánchez contended the repeal could violate constitutional guarantees of human dignity and victims’ rights under Articles 10 and 15 and infringe state powers.