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Constitutional Court Suspends Balearic Parliament’s Repeal of Memory Law

A provisional reinstatement of the 2018 law forces a prolonged court review that will decide whether the regional repeal breached state powers and protections for victims.

Overview

  • The Constitutional Court admitted the central government's appeal and ordered a suspension of the PP–Vox derogation, a decision announced Tuesday that provisionally restores the 2018 Law of Memory in the Balearic Islands.
  • The suspension is effective retroactively from June 9, and it will become fully binding against third parties once the court’s order is published in the Boletín Oficial del Estado.
  • The government argued in its recurso that the repeal may violate Articles 10.1 and 15 of the Constitution by stripping legal safeguards for victims and that the regional law intrudes on state competences and the duty of inter-administration cooperation.
  • Left-wing parties urged the Balearic executive to apply the restored law immediately, Vox called the appeal an attack on regional autonomy, and the group Memòria de Mallorca welcomed the ruling while warning that the Prohens government has largely failed to implement the law.
  • The case follows prior Constitutional Court practice that can leave regional repeals suspended for months or years, which means victims’ access to truth, exhumations and public reparations may remain stalled unless the regional government activates the law’s implementing commission.