A new round of debate over historical memory has erupted in Spain. The national court has upheld the decision of Defense Minister Margarita Robles to rename a military unit in Melilla. Previously known as the ‘Bandera Comandante Franco,’ the unit is now officially called ‘Bandera de España.’ This marks the first step in implementing the Democratic Memory Law, which came into force in the fall of 2022.
A panel of five judges reviewed the appeal filed by the Fundación Nacional Francisco Franco. The organization demanded the unit’s original name be restored, arguing that the minister acted solely on ideological grounds and without sufficient legal basis. However, the judges rejected these arguments and ruled that the defense ministry’s actions complied with the law.
Arguments from both sides
In their complaint, the foundation’s representatives insisted that Franco’s name is linked to a historical event—the defense of Melilla in 1921 when the future dictator was a commander. They argued that the memory law should not lead to the complete erasure of all references to Franco, but only remove symbols that could divide society. They also claimed that the renaming of military units is not provided for under current legislation.
The Ministry of Defense, on the other hand, referred to Article 35 of the Law on Democratic Memory. This article requires the removal of any symbols glorifying the 1936 military uprising or the subsequent dictatorial regime. Based on this provision, the decision to rename was made.
Court’s position
The judges carefully considered the arguments of both parties. The ruling notes that Franco’s name, even if connected to events prior to 1936, cannot be separated from his subsequent role in the country’s history. The court emphasized that any merits Franco had before the Civil War contributed to his rise to power and the establishment of the dictatorship. Therefore, keeping his name on a military unit contradicts the objectives of the memory law.
The ruling also states that the government is obliged to remove any elements that might be seen as glorifying the dictator or the military coup. The judges supported the Ministry of Defense’s stance and dismissed the foundation’s claim that Article 35 was unconstitutional.
Implications of the ruling
The Francisco Franco Foundation not only lost the case but was also ordered to pay €1,500 in legal costs. This ruling is significant for the entire Spanish armed forces, as similar changes may now be implemented in other units if their names are linked to the dictatorship era.
The renaming has sparked widespread public debate. Some see it as a step toward reconciliation and respect for democratic values, while others view it as an attempt to rewrite history. In any case, the court’s decision has set an important precedent regarding historical memory and the country’s relationship with its past.
