Modernizing Spain's Police: Legislative and Constitutional Shifts

Police Forces in Catalonia During the Second Republic

During the Second Republic, the Municipal Guard (formerly known as the Municipal Guard Navy, now the Municipal Police) played a crucial role. Their duties included intervening to prevent crimes and misdemeanors, prosecuting perpetrators, and acting as a Surveillance and Security Corps to maintain public order.

The Second Republic also saw discussions about the decentralization of police regions. In Catalonia, the Autonomous Police (often referred to as the "Freelance Police" at the time) established its own structures and scales, operating under the Central Government. This included units like the Esquadra de Porters (Squadron of Porters), which contributed to regional security.

Law 55/1978: Reforming Spanish Police Forces

The Law 55/1978 of December 4th marked a significant transition, regulating the functions of the police in Spain. Under this act, the State Security Forces were constituted by the Police and the Civil Guard.

The Police, in turn, were divided into two distinct bodies:

• Higher Police Corps (civilian): This body performed civil, management, and coordination functions for police services.
• National Police (uniformed): With a military-like structure and organization, this corps was responsible for the prevention of crime and the maintenance of public order, taking over many functions previously held by the Cuerpo Nacional de Policía (CNP).

Impact of the 1978 Constitution on Security Forces

Contrary to the initial heading, the 1978 Spanish Constitution brought about several fundamental changes to the Security Forces. Key reforms included:

• Separation of Police and Army: The police were tasked with protecting rights and freedoms and guaranteeing public security, while the army's role was defined as safeguarding Spain's sovereignty, independence, territorial integrity, and constitutional order.
• Creation of Autonomous Police Forces: This significant development led to the establishment of regional police forces in the Autonomous Communities (CCAA), with the Basque Country and Catalonia being among the first to form their own.
• Adaptation to Constitutional Order: The entire police system, including its functions and basic principles, was adapted to align with the new constitutional framework.
• Balancing Freedom and Security: The police's role was redefined to strike a necessary balance, serving as an instrument to ensure both the freedom and security of citizens.

Organic Law 2/1986: Modernizing Spanish Law Enforcement

The Organic Law 2/1986 of March 13th, on Security Forces and Corps (LOFCS), introduced several crucial features:

• It defined the functions, basic principles of action, and bylaws for all Security Forces and Corps (FFCC).
• It unified the previously separate Higher Police Corps and the National Police into a single, civilian-natured body: the National Police Corps.
• It established mechanisms to coordinate all police forces, including:
  • The Council of Security Police
  • Autonomous Security Boards
  • Local Security Boards
• It set out the different professional scales within the police force:
  • Superior Scale (2 levels)
  • Executive Scale (2 categories)
  • Sub-inspection Scale
  • Basic Scale (2 categories)

Local Police Functions Under LOFCS 2/1986

According to the Organic Law 2/1986 (LOFCS), specifically Title V, Section 53.1, local police forces operate in municipalities with more than 5,000 inhabitants. Their functions encompass a range of responsibilities, including:

• Administrative municipal policing
• Traffic management and handling of statements within the municipality
• Protection of individuals and municipal buildings
• Public safety tasks, carried out within the framework of Local Security Boards