“It has never happened that the opposition party was criticized in the preamble of a law. It is disrespectful to the head of state that the ratification of a legislative reform that is being used to attack the opposition. This government is unusual, it crosses all the red lines,” lamented the leader of the PP, Pablo Casado, this Friday, after consulting the BOE edition, which published the suppression of the aggravated form of coercion by the pickets in the course of the strikes.
The preamble to the regulation states that: “with the crisis as an opportunity, since the arrival of the Popular Party government in December 2011, a constant and systematic process of dismantling of freedoms began, especially those that affect the public manifestation of disagreement with the economic policies of the Government”.
In addition, it is indicated that “the labor reform, which practically excluded workers’ collective bargaining and which devalued or directly eliminated many other of their rights, did not seem sufficient and for this reason, all the measures that externalized the conflict, using the legislation in force, such as the Organic Law for the Protection of citizen security, and article 315.3 of the Penal Code, in the short term, and working, in the medium term, to deploy a framework of laws that stifle the capacity of reaction, protest or resistance of the citizenry and of the union organizations, towards the policies of the Government”.
Casado announced yesterday that his formation will request the appearance of the second vice president of the Government, Carmen Calvo, for using the BOE as an “electoral pamphlet” to criticize the main opposition party.
The political ‘slashing’ that has developed in other institutions has now reached the BOE
He has also argued that the use of the BOE goes “against freedoms and political pluralism”, for which reason they will ask the Executive for “responsibilities”. In addition, the president of the PP has regretted that Sánchez has one more means to attack his party, after doing so “from public television and from Parliament.”
In the norm, as justification for the suppression of the criminal type, it is indicated that: “the aggravated form of coercion” provided for in said article of the Criminal Code has been applied, “on the more attenuated form of generic coercion, although in most cases the facts cannot be understood as violent or coercive”. Likewise, it is argued that with the application of this precept “an attempt has been made to dissuade citizens from exercising their right to strike and, consequently, their union freedom”.
With respect to the modifications introduced under the presidency of Mariano Rajoy, it is argued that although it came to mitigate the punitive response of the law, “it does not give a proportionate response, nor does it add anything new or necessary in view of the purpose that the law Therefore, article 315.3 of the Penal Code should disappear from our punitive system, since the generic crime of coercion already adequately protects the freedom not to strike”.
This repeal, however, will not prevent sanctions for coercion in strikes, since article 172 continues in force, which establishes that it punishes with imprisonment from six months to three years or a fine of 12 to 24 months, depending on the seriousness of the coercion or the means employed.
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