The strength of our democracy

December 6, 1978 was the day when Spanish citizens decided to give themselves a constitution and open the door to a new phase of freedom and guarantees. This day was designated by Royal Decree No. 2964/1983, making this day “Constitution Day” in appreciation. To a collective charter that changed our country. Every year, institutions, educational centers and society as a whole experience that referendum that generated a common project and strengthened the rule of law.

Even before the transitional period, the legal profession had already played an important role in defending fundamental rights. Professional unions then became spaces for critical thinking and real refuges for the protection of freedoms. This is what happened at the Fourth National Congress of Lawyers, held in Lyon in 1970, where democratic openness was anticipated and the inspiring principles of the Universal Declaration of Human Rights were adopted.

Since then, thanks to the Constitution and its legislative development, Spain has witnessed profound legal, social and economic progress, including our integration into the European Union and our sharing of the aspirations of a continent built on common values. Our Constitution recognizes the role of the legal profession in its basic structure: it guarantees legal assistance to detainees; It establishes effective judicial protection and the right to defence. Provides that legal professionals shall be part of the General Council of the Judiciary; Enabling them to join the Constitutional Court. These are the guarantees that today find enhanced development in the Basic Law of the Right to Defense, which protects confidentiality and professional secrecy as inalienable elements of justice.

All of this reminds us of a basic idea: protecting the right to defense is not a sectoral interest, but rather one of the pillars of the rule of law. For every person’s rights to be realised, it is essential that those who defend these rights enjoy adequate, stable and just conditions. Just a few months ago, the Council of Europe took a further step in this regard by approving the European Convention for the Protection of the Legal Profession, the ratification of which by Spain should not be delayed any longer. In times of rapid change and global challenges, protecting those who guarantee the rights of all is a democratic obligation.

Likewise, the reforms deriving from the Public Service of Justice Efficiency Acts and the new Code of Criminal Procedure require calm and rigorous debate, accompanied by the necessary resources so that constitutional rights become no longer mere declarations, but fully effective realities. When we celebrate the Constitution, we are not just looking at the past: we are looking at the future of a nation that has chosen freedom as its foundation, justice as its horizon, and human dignity as an inalienable principle.

The rule of law is the tool that supports a common compact under which the law protects everyone equally. A strong democracy is measured by the true ability of its citizens to exercise their rights. This ability exists because there are professionals who make it possible, in every defence, at every turn, and in every access to justice.

We celebrate the Constitution and, with it, the defense of the rule of law, the strength of our freedoms and the commitment of the entire society to achieving quality and accessible justice, which leaves no one behind and reaches all citizens and all regions.

As long as there is only one person who needs protection, the Constitution will make sense. As long as there are those who defend the rights of others, the rule of law will remain firmly established. As long as Spain continues to believe in human dignity as an inalienable principle, the light of our democracy will continue to burn for all generations to come.

About the author

Salvador Gonzalez

He is President of the General Council of the Spanish Legal Profession