The Memory and the democratic quality of the State (Comment to Law 20/2022, of October 19, on Democratic Memory)
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Abstract
Law 2/2022, on Democratic Memory, constitutes a challenge for the State that allows it to increase its democratic quality. This article addresses some issues of legal relevance of its extensive text. The starting point of public memory policies must be based on the need to face the traumatic past derived from the Civil War and the Franco dictatorship, not only from reparation to the victims, but also through the promotion of historical research, to avoid the mythification of the past. To this end, collaboration between the State and the Autonomous Communities is essential within the framework of their respective powers determined by the Constitution and the Statutes of Autonomy.
On the other hand, in order for the legal effects of this Law on the Amnesty Law of 1977 to reach its fullness, it will be necessary for the State to specify its commitment to international law on the imprescriptibility of war crimes and crimes against humanity. Finally, the dissolution of a foundation in apology of the Franco dictatorship also requires that its activity be identified with the provocation of hatred or violence
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This work is licensed under a Creative Commons Attribution 4.0 International License.
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