Fundamental Constitutional Rights: Privacy, Assembly, and Public Access

Right to Privacy of Communications

Ownership and Disclosure

Individuals who are not themselves communicating are not considered owners of the communication. They may reveal information about the communication they were part of, provided they do not violate the privacy or image rights of others.

Purpose of Confidentiality

The purpose is confidentiality in itself, independent of public importance.

Freedom of Residence and Movement

Scope and Citizenship

This right primarily corresponds to Spanish citizens. However, the law also grants this right to foreigners, subject to certain limitations. Freedom of movement both inside and outside Spanish territory presents no issue for Spanish nationals. Furthermore, Spain's incorporation into the European Community (EC) integrated legal rules concerning the movement of EU citizens into Spanish law.

Right of Assembly and Demonstration

Requirements and Limitations

This right guarantees peaceful assembly without arms. It requires advance notice when held in public transit areas or involving public statements. Authorities may prohibit assemblies or demonstrations if they cause alteration of public order, are illegal, or pose a danger to persons and property.

Ownership and Exercise

This right belongs to any person, whether a citizen or a foreigner. It is individually owned but collectively exercised.

Content and Practice

The content includes the ability to assemble without prior authorization. If advance notice is not given, the legal warranty of the assembly is diminished. In practice, authorities often use the failure of prior notification or the alteration of the actual meeting to suspend or dissolve them.

Right of Association

This is considered a pre-political right of participation.

Ownership

Natural persons, whether citizens or foreigners, and legal entities hold this right.

Contents (Positive and Negative Freedom)

• Positive Freedom: The possibility to join an association as a member or to admit new members.
• Negative Freedom: The possibility not to associate or not to admit a subject (person/entity).

Limitations and Dissolution

Associations must adhere to the following limitations:

• They must not be unlawful.
• They must not be secret or paramilitary.

Associations should be registered for public awareness. They may only be dissolved or have their activities suspended under a reasoned court order.

Right of Access to Public Office

Citizenship Requirements

This right is generally reserved for citizens. Foreigners may access representative public offices, but bureaucratic positions are typically reserved for Spanish nationals.

Conditions for Access

The conditions for accessing or holding public office must be established generally. Furthermore, the demands required for access to public functions must be proportionate and justified.