In Spain, the Constitutional Court (Tribunal Constitucional) has made a landmark ruling, abolishing a provision of the National School of Police (Escuela Nacional de Policía) regulations that had been in force for over forty years. This provision, inherited from Franco-era regulations, allowed cadets to be expelled for administrative offenses not established by law. The court has now recognized that such a practice violates the fundamental rights of citizens.
The case was reopened after an incident involving a cadet who was forced to leave the academy following a disciplinary action. The young man, who was training for entry into the National Police, became embroiled in scandal over his participation in a private party during the state of emergency in May 2020. Police arrived at the scene and documented a violation of quarantine restrictions. The cadet was punished despite the lack of a direct legal basis for such a decision.
Conflict background
The sanction imposed on the cadet was a 15-point deduction from his annual academic score. This resulted in him failing two exams, which ultimately led to his expulsion from the school. All rights earned during the selection process were annulled. He attempted to appeal the decision first to the High Court of Madrid (Tribunal Superior de Justicia de Madrid), and then to the Supreme Court (Tribunal Supremo), but both bodies upheld the school administration’s position.
The courts argued that the applied regulation dates back to a 1967 decree enacted during the Franco dictatorship. In their view, if a modern regulation repeats the provisions of the old one, no separate law is required. However, the Constitutional Court disagreed with this position.
The Constitutional Court’s position
In its ruling, the judges emphasized that since the adoption of the 1978 Constitution, any sanctions must have a clear legal basis. Regulations, even if they repeat older provisions, cannot substitute for the law. The Court noted that over the past decades, the approach to such cases has become much stricter, and past exceptions are no longer valid.
The Court gave special attention to the so-called ‘special subordination relationships,’ where the state places higher demands on its employees. Previously, it was believed that rights could be restricted in such cases, but now the Constitutional Court has indicated that even in these areas, citizens’ rights must be protected.
Reactions and consequences
The court’s decision was made by a majority vote, despite the dissent of two conservative judges. The ruling stated that punishing the cadet lacked a legal basis and therefore violated his fundamental rights. The Court also emphasized that the special relationship between the state and future police officers does not justify arbitrary sanctions.
The former cadet will now be able to reapply to the National Police. Moreover, the court’s decision could affect the fate of others expelled for similar reasons. The Ministry of the Interior will likely have to review its regulations and bring them in line with current laws.
Significance for the system
This precedent has sent an important signal to all government agencies in Spain. The Constitutional Court reminded them: even the oldest regulations must comply with the Constitution and cannot restrict citizens’ rights without a clear legal basis. A revision of internal rules within law enforcement is expected in the near future.
The court’s decision has also sparked discussions about the role of old regulations inherited from the authoritarian era. Spain is still modernizing its laws, and this case marks another step toward the full democratization of the system.
