Analysis of some of the infractions of the Organic Law on the protection of Public Safety in light of the case law and doctrine of the CC (of Spain) and the ECHR.

Abstract

The Organic Law 4/2015, of 30 March, on the protection of public safety brought important changes to the regulation of public safety, but some of the infractions and sanctions which it incorporates may not be compatible with the principles of Sanctioning Administrative law, as well as with some of our fundamental rights and freedoms protected by the Spanish Constitution; especially those related to the right of assembly and to the Security Forces of Spain. It is precisely that, therefore, what we must analyze in this law: its compatibility with the fundamental principles of a democratic society and with our basic rights and liberties; following, for doing so, the case law and doctrine of the Constitutional Court (CC) of Spain and the European Court of Human Rights (ECHR).