Understanding Suspension of Rights & Economic Policy in Spain

Suspension of Rights: Article 55 CE

Article 55 CE outlines two types of rights suspension:

• Collective: Linked to exceptional states (Article 55.1 CE and 116 CE).
• Individual: Linked to the prosecution of terrorism.

The suspension is not automatic; the declaration act must specify which rights are suspended. This allows for modulation of the suspension's extent. All rights to personal freedom can be suspended, although the rights to be informed of the reason for detention, not to testify, and assistance can only be suspended in a state of siege. Many rights have not been suspended to date.

Individual suspension (Article 55.2) differs from collective suspension as it affects only those in specific circumstances, primarily to facilitate terrorism investigations. This suspension can only affect the maximum period of preventive detention and the rights to inviolability of the home and secrecy of communications. It must be provided for and regulated by organic law. Unlike collective suspension, individual suspension has been continuously used since the constitution's enactment due to ongoing terrorist activity.

Guiding Principles of Social and Economic Policy

These principles imply an obligation for public authorities (PP) to provide certain services and goods. In some cases, the legislator establishes mandates, while in others, the mandate applies to authorities in general, focusing on specific aspects.

Pragmatic rules: These rules define objectives for public authorities or tasks to be performed. For example, PP ensures the social, economic, and legal status of the family.

Conditional programming rules: These rules determine the behavior of authorities based on specific factual situations. Much of Chapter Three of Title I EC consists of final programming, which does not prescribe a response to a factual situation but rather an end goal.

Free Enterprise

Free enterprise is a fundamental right established by Article 53.1 CE, with a secured substance legislated against. It is not protected by habeas corpus or regulation reserved to organic law.

The concept of free enterprise includes the freedom of private economic initiative and bargaining autonomy. These issues transcend purely individual concerns, as the company refers to organized economic activity. This right is intertwined with other rights and freedoms, such as private property, the right of association, and freedom of residence and movement.

This right is limited not only by Article 38 CE but also by its connection to other constitutional provisions. The right of free enterprise applies to all economic activity not publicly owned, carried out by society rather than the State itself. The profit motive is not a requirement for the implementation of the right to free enterprise.