In the proceedings brought by the Ministry to comply with the ruling on April 1, 1977 by the Fourth Chamber of the Supreme Court, [...] the result that the February 11, 1977 had input in this department affidavit and statutes of the Communist Party of Spain (PCE) for Registration of Political Associations and seek opinion of legal counsel [...], was issued under date 22 of that year, which, suspended entry in such record, [...] ordered the transfer of the documentation submitted to the Supreme Court.
Resulting in relation to the above case, the Fourth Chamber of the Supreme Court has ruled, dated April 1, 1977. (Whose fault saying: "We missed: That no rule on the merits, we must declare and declare the lack of jurisdiction in this room, to hear these proceedings, concerning the Registration of Associations Policies promoted with the name of Communist Party of Spain, we must cancel and nullify the act of the Ministry of the Interior dated 22 February this year [...] that orders the transfer of the administrative record in this Court, agreeing therefore reimbursement of the Ministry [...].
effect as of today, the prosecutor in the kingdom, hearing and in accordance with general tax board says
First. That such documentation does not show any data, or contain any material that directly determines the criminality of the said party in any form of criminal association that defines and punishes Article 172 of the Penal Code in its recent editorial.
Segundo. That simply applying for registration or legalization of a party, although it can be illegal and refused the request, carries no criminal responsibility for the applicants, nor can it raise a presumption of committing a crime, without prejudice to the conduct of prosecutions in there behavior or acts that may be punishable under the Penal Code or evidencing the illegality of the end of the party, according to the aforementioned Article 172 of the Penal Code.
Third. For the purposes as may be from the public prosecutor finds the existence of pending proceedings against the leaders and members of the so-called English Communist Party. (...). Whereas as a result of the above [...] it is clear that for the proper enforcement was to be transferred to the Public Prosecutor [...]
[...] once the prosecutor of the Kingdom, in accordance with the opinion of the Board of Prosecutors General, says it has found no factual or legal basis for the exercise of any criminal proceedings referred to by the above provisions, in connection with the Communist Party of Spain without, moreover, be deducted at the appropriate time for the both of guilt, for the same purpose by the Board Four of the Supreme Court, it is clear that the doubt or presumption of wrongdoing emerged in the administrative penalty for processing the case is without foundation and content as the reason for the suspension agreement of the Registration, an agreement that ultimately must be overridden to proceed with the registration applied for having gone the only legal obstacle that once opposed the same, a decision that does not prevent that, if in the future is beyond the limits of freedom of association, can and possibly be incriminating conduct deserving of criminal sanction.
For all these reasons, the Ministry, in compliance with the ruling of the Fourth Chamber of the Supreme Court April 1, 1977 and given the prosecutor's opinion of the Kingdom, has seen fit to provide for the rescission of the suspension Registration of Political Associations of the so-called Communist Party of Spain (PCE), suspension agreed on 22 February this year, and to proceed to registration in the register of the association.
Madrid, April 9, 1977.
This text, as we have seen, shows the formal legalization of the PCE. It was one of the most important of democratic recovery, since, after the Political Reform Act sponsored by the cabinet of Adolfo Suárez, capital was the inclusion in the electoral process stipulated in the text, to the Communists. ;
However, the legalization process was very complicated. Recall that a few months before, there had been the killing of labor lawyers Atocha, by part of right-wing gunmen. This massacre was able to provoke the Communists, but at the burial of the dead militants PCE showed a commendable sense of the state. Thus, English society showed that his party was legalized.
However, the legalization led to an opposition front bunker and sectors of the armed forces more nostalgic for Franco. Thus, in 1978 took place Operation Galaxy, which was aborted, and in 1981, the most serious attempt of coup d'etat.
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