Law of Political Responsibilities (1939) and the Emergence of the Francoist State
Context
The historical context of this text leads us to the emergence of the Francoist state, to the first stage of Francoism (authoritarianism and cruel repression)
Precedents
The victory of the national side opened the way to the Franco regime.
The victory of Franco meant the elimination of democratic institutions and the establishment of the Franco regime (based on a fascist model), where the national unity of Spain prevailed, around the figure of a head of state with absolute powers, Franco, the importance of symbols, state confession (Catholicism), prohibition of political parties and trade unions, etc.
Characteristics
One of the main characteristics, which would have direct connection with the law we are dealing with, would be repression: it would be a structural, continuous and planned element of the Franco regime; on the other hand, the institutional apparatus (the Army, the Civil Guard and the Falange), and all of this led by a series of laws.
- Ideological repression: in a strict sense, social control and national-Catholicism.
- Political repression: executions, mass incarceration, concentration camps and torture, expropriations … For this legal means were used: law of repression of freemasonry and communism, law of state security, and the law that we are analyzing political responsibilities.
Present Moment
Explain the law of political responsibilities
Characteristics: In origin the law consists of 89 articles, 8 transitory provisions, and a final disposition, gathered in 4 titles, published in the Official State Gazette.
Importance: Main legal object of repression.
Argument to impose the law: it was necessary a law that would allow Spain to cleanse rebels and traitors who were against the National Movement, because they were part of the “antiespaña”.
Consequences of those who suffered the law: both physical and legal persons (associations, political parties, unions …) that were prohibited, as well as their activity, especially the Popular Front, and all those who collaborated with them, losing their property and all your rights
Application of the law: would be imposed a punishment would be as the aforementioned loss of property and rights, which would be imposed by courts in the hands of the pillars of the Franco regime, the political apparatus (Falange), the military (the army and the Civil Guard) and religion (the Catholic Church) apart from the Magistracy.
This law would apply until 1945 (from 1945 Franco began to soften a bit its application to appear more “democratic” to the foreign allies, although some processes would last until 1966)
Consequences
In this context the life of the vanquished was difficult, during the time that was known as “the years of fear” or “the dark years“.
The cruelty and violence suffered during these years was enormous, executions, expropriations, fines, forced exiles, prohibition to hold public office, and were common punishments.
On the other hand, when applying the law, for the proper functioning of the regime, the involvement of the population was essential, and the spirit of scavenging and revenge of the people was increased. There would be many cases of false allegations and many took advantage of the law for these types of complaints.
As a result of the political situation the time would be enormously difficult, economic crisis (misery and reasoning) that would be aggravated.
This document must be understood as fundamental element of repression of the Francoist regime used during postwar period/In order to practice repress legally will be converted into law//Must also mention the retroactive nature of the law/since all people who were amnestied in Popular Front era(for having collaborated with them)→judged again//Is also a text that shows the militarist model of the time+the regime, applied by the Falange of Prim de Rive+taken to the extreme by Franco, meaning the manipulative language of the dictatorshipConclusion