Spain has a long judicial history in fight against terrorism. This history has been studied and analysed by the literature, especially after 1978 Constitution, which has tried to find an story that would be able to reconcile fight against terrorism with the respect for guarantees and fundamental rights. It was not possible in part because of the institutional, legal and officialdom continuity that entails the Spanish Transition in reference to the judicial machineries of dictatorship and of the constitutional system. Thereby, exceptionality regime come in throw the back door, producing a clearly expansive background of the Criminal Law of the Enemy in the fight against GRAPO, anarchism and, especially, ETA and “abertzale” surroundings. It’s famous the “slippery slope” of devaluation of rights and guarantees, that is produced when exceptionality becomes the norm. Nowadays, this model faces to another perspective concerning to its suitability in the fight against jihadist terrorism.

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