Fuero de los Espanoles During the Franco Regime

Fuero de los Espanoles During the Franco Regime

The “Fuero de los Españoles” supposed a important fact in the first decade of the Franco regime, being one of the first apparently steps towards a clear definition of the constitutionality of the civil procedure. The content of the text is a good indicator of the basis and pillars of the regime, although is necessary to be aware of the reasons of its creation and the nature of the Franco state, in which any attempt of democratization was only a façade of the real operations in the government. In other hand, the context and causes in the publication of this “Fuero” can show the stage of the regime in front of the internal and international developments.

The international context around 1945 was being risky for the Spanish’s dictatorship. The end of the Nazi’s power marked the end of the Axis in Europe and with him, the disqualification of the fascist regimes. The Mussolini’s Italy was finished two years before, supposing by the time a great shock in the Iberian Peninsula. The fact that Spain was considered a country under a fascist government, brought the reject of the democratic countries that fight against the Axis. There was the fear of a possibility of a Franco’s overthrowing, and all the system with him by a external intervention. Furthermore, the internal situation within the country made necessary a cleaning of the façade, because of the fact of a growing of the monarchist option in some groups of the Movement, threatening with a split before a external actuation.

The regime began to legitimate itself with some apparent constitutional measures in 1943, opening a Cortes with a fictional democratic system in order to ensure a legal framework of the government. But a more important step was the creation of a bill of citizen’s rights: The “Fuero de los Españoles” in 1945. This action could shattered the Falangist movement due to a direct attack in its ideology, but in this moment, the radical falangism was in a clear marginalization inside the political structures.

According with the declaration in the own “Fuero”, the doctrine in which is influenced is the Catholic one. The fact that the text is based in the Spanish Constitution of 1876 can help to understand the predominant role of the Church according with the principal principles of the Movement. So, it can be seen how the Church is not only protected by the Spanish State, but the values of the new society are inspired by it, like the consideration of the family like one of the fundaments of this society. Its right that the falangism considered the family like one of the basic human associations, but the declaration of its indivisibility shows the weight of the religion in it.

By other hand, other of the pillars of the Franco regime is the falangist doctrine. In this case, it is presented in some aspects, although its importance like fascist ideology is no so much as it could be thought. Then, for example, in the ways of public representation, the syndicate has its appearance, although put together with the “municipio” and the family.

Thirdly, the head of the state, like the highest expression of the army -therefore another component of the basis of the regime- occupied a significant role in the “Fuero”. All the Spaniards had to offer loyalty to him, and when the Nation would required them, they had had to participate in the army.

It would seem that this bill of rights opened a new period within the Franco regime, declaring a roomy leeway to the man. But in reality, the declarations in its articles are ambiguous and slights, making difficult a concrete definition of the corresponding actuation of the law. Furthermore, there wasn’t any way to hinted at basic democratic norms of freedoms and speech assembly and organisation. So, its necessary to analyse the “Fuero de los Españoles” like a cleaning of the regime’s appearance towards the international and internal context of the moment. A important measure in order to ensure the dictatorship to the Second World War political aftermaths, and to evict the growing of dissident forces within the Peninsula.