Public spaces and the exercise of fundamental rights in Spain following the approval of the organic law for the protection of public safety
by Miguel Ángel Presno Linera
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 5, No. 3/4, 2017

Abstract: This study is primarily an analysis of Organic Law 4/2015, 30 March, of the protection of public safety as a paradigm of the stigmatisation of public disorder and political, cultural and social life on the streets, in the face of which it aims to achieve a kind of civic 'tranquility'. In the new public space 2.0, those who take their grievances and protests to the streets and public infrastructure, those who publish images 'without prior police authorisation', and even those who are simply trying to find a way to survive on the streets, are considered enemies of that 'tranquility'. Despite the undoubted improvement of the law's wording compared to the shameful draft, which came in for especially harsh criticism from the Prosecutorial Advisory Board and the General Judicial Council, this rule represents the translation of the premises of the most recent reforms of the Criminal Code to punishment under administrative law: the criminalisation of public spaces to impede the rise of 'the dangerous classes'.

Online publication date: Thu, 08-Feb-2018

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Human Rights and Constitutional Studies (IJHRCS):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com