National Security Act approved

News - 2015.9.10

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Hence, the Draft National Security Act - the text for which that was submitted by the Lower House of Parliament was not amended in the Upper House of Parliament - will be sanctioned, publicly enacted and published in the Official State Gazette within the next few days.

Involvement from all authorities and society in general

This law is the first in the Spanish legal system to tackle national security in a comprehensive fashion, involving all public authorities and society as a whole. Work began on this law in 2013 as a result of the need to incorporate national security issues into the Spanish legal system under official legislation, in accordance with the National Security Strategy.

The law is a response to the new security challenges affecting society in the 21st Century. It defines the concept of national security and strengthens State capabilities when offering solutions to those challenges in a swift, effective and coordinated manner.

In order to tackle crises both preventively and reactively, the National Security Council manages and coordinates the pertinent actions and will be assisted by a Specialised Crisis Management Committee seeking to improve coordination between the various public authorities with a view to encouraging speed and flexibility in the responses made to such situations.

Situations of interest for national security

One important new feature of this law is the regulation of situations of interest for national security, thereby filling the legal void that existed between the most serious crises defined in Constitutional Law 4/1981 on states of alarm, exception and siege and those other crises which are tackled with regular means and resources by the competent authorities.

Fundamental rights and public liberties are not affected under this new system as its purpose is to enable more efficient coordination in the use of State instruments. Neither does it imply any alteration of the ordinary fulfilment of respective roles by the competent authorities, which will act under the leadership of the Government of Spain whenever such a situation is declared by the President of the Government.

Operation of the National Security System is mainly based on responsible and solidarity-based implementation by all public authorities of the principles of coordination and cooperation within the respective areas of responsibility.

Responsible public policy from the Government of Spain

Furthermore, the national security policy is enshrined as a responsible public policy of the Government of Spain requiring parliamentary support. A Mixed Upper-Lower House Committee on National Security will hence be appointed in Parliament. The National Security System is also regulated and cooperation is increased with regional governments through the creation of a Sector Conference on National Security Affairs. Private collaboration and citizen participation are also enhanced, which will guarantee the comprehensive approach by crisis management and the organisation of resource contribution to affairs of national security.

This law will strengthen State capabilities to respond to highly diverse challenges that strike at the foundations of the rule of law and the freedom and well-being of the people.