40 years of the law that "democratized" the National Police: between the terrorist threat and the map of autonomies

The Organic Law of Security Forces and Bodies turns 40 years old. Four decades since, in the words of the then Minister of the Interior, José Barrionuevo, "the existing gaps were filled", and the FCSE were aligned with the constitutional and democratic values of a Spain that in 1986 was integrating into Europe to the rhythm of the Movida.

The norm had no problems moving forward thanks to the absolute majority of the PSOE: bodies were unified, the foundations of a "democratic police" were laid, and the system was adapted to post-Franco society.

The renewal arrives

The processing of the project began in October 1985 and barely five months later it was approved by the Cortes. In its consideration, Barrionuevo was responsible for conveying to the Plenary the relevance of the initiative.

The minister had been in office since 1982, however, from the rostrum he confessed that of all his interventions to date "none has had the transcendence and significance of the current one". The project proposed by the socialists revolved around three axes: organization, democratization, and modernization.

Firstly, the unification of the bodies was advocated to avoid duplications and underutilization of personnel. So that the FCSE were composed of the National Police Corps and the Civil Guard. At an organic level, it also ordered the distribution of powers between the State, the Autonomous Communities, and Local Entities.

Secondly, it laid the foundations of what the police should be in a democratic society. In the Government's mind, to redefine the concept of public order and citizen security: to move from a passive attitude to an active stance. That is to say, "to replace traditional repressive action with preventive work of programming and planning", Barrionuevo specified.

In third place, the modernization of the police was highlighted as an objective to adapt it to the needs and characteristics of the society that ten years earlier had left the dictatorship behind.

The Constitution says it

Once the Constitution of 1978 was approved, it was the task (and still is) of successive Governments to provide our legal system with its corresponding regulatory development. With the Law of Security Forces and Corps, four constitutional precepts were addressed:

• Art. 104, which mandates regulating by Organic Law the functions, basic principles of action and Statutes of the Security Forces and Corps
• Art. 126, which refers to a Law the regulation of the Judicial Police Units and the articulation of their functional dependence with respect to Judges, Courts and the Public Prosecutor's Office
• Art. 148, which attributes to an Organic Law the determination of the scope and conditions of exercise of the autonomous communities' own competences in security matters
• Art. 149, which determines that public security is an exclusive competence of the State and refers to an Organic Law the definition of the form and extent of the participation of the autonomous communities

The threat of ETA

The initiative had no problems being approved, however, in its consideration, three total amendments were presented: from the Mixed Group (PCE), from CiU and from the PNV. Although in the final vote in February 1986, none of these parties voted against, they did express their disagreement throughout the process.

Especially, due to the absence of negotiations between "the gentlemen of the majority" and the rest of the groups, whom the Executive did not need to push it through, but who demanded to be heard or consulted.

The nationalist parties questioned the Spanish police model and claimed autonomous powers in security matters. On this issue, Barrionuevo assured that the text was "scrupulously respectful of the Statutes of Autonomy". Also criticized was the decision to maintain the military nature of the Civil Guard, which, in the opinion of the amending parties, should become a civil body.

It should be noted that this debate took place with ETA as the main threat to citizen security. Until October 1985, when the first discussions on the Law of Security Forces and Corps took place, the terrorist group had already murdered 642 people.

However, Josep Maria Trias de Bes i Serra, spokesperson for CiU, asked not to limit citizen security only to terrorism. The Catalan deputy recognized the seriousness of the threat and the need to put all necessary instruments to combat it, but insisted that the methods for that problem could not be extended to the entire system: "We cannot extrapolate it to a bill that aims to regulate a complete police model to reduce insecurity throughout the national territory."

Popular Alliance also did not finally oppose the bill, and most of its deputies opted for abstention. The party led by Manuel Fraga positively valued the organization and professionalization, but criticized the excessive "political control" of the Government over the police.