Books

The state of the Spanish State

Koldo Casla’s playful subtitle The Strong Foundations of a Country’s Weaknesses captures the relaxed tone of this serious investigation of Spanish politics today

Casla’s background is in law, which explains a great strength of the book REMARKABLY, GIVEN HIS SOBER ANALYSIS OF SPAIN’S ILLS, CASLA IS OPTIMISTIC

Un­like too many aca­d­e­mic pub­li­ca­tions, Spain and Its Achilles’ Heels is at­trac­tively writ­ten, with col­lo­quial turns of phrase and per­sonal anec­dotes. For ex­am­ple, he vis­its the Valle de los Caídos to il­lus­trate Fran­co­ism and in­cludes a photo of his sis­ter help­ing a vic­tim of an ETA bomb. Casla, both an aca­d­e­mic and a civil rights ac­tivist, de­nounces in­jus­tice with pas­sion and clar­ity. But he is no polemi­cist, for he also seeks to un­der­stand the point of view of the other side. Here, the slow process of rec­on­cil­i­a­tion in the Basque Coun­try after ETA acts as ex­am­ple and stim­u­lus.

Casla’s back­ground is in law, which ex­plains a great strength of the book: his mas­tery of the de­tail of what was ac­tu­ally leg­is­lated. Casla has read the small print. His po­si­tion is so­cially lib­eral, fer­vently pro-human rights and strongly op­posed to Vox’s re­duc­tion­ist neo-Fran­co­ism. It is a pity that such a pre­cise book is spat­tered with un­seemly er­rors, though mean­ing is not greatly af­fected. Casla him­self has writ­ten it in a for­eign lan­guage: no mean feat. It is the pub­lisher’s fault that there has been no proper proof­read­ing.

The Achilles’ heels that weaken Spain’s democ­racy are four: the re­fusal of Spain’s rul­ing class to ac­cept that there are sev­eral na­tions within the State; sweep­ing the Franco era under the car­pet; lack of so­cial pro­tec­tion, lead­ing to mass poverty; and the in­or­di­nate in­ter­fer­ence of the Church in pol­i­tics. Few con­tem­po­rary his­to­ri­ans are likely to dis­agree, though ad­di­tions, such as the par­a­sitic monar­chy or en­demic cor­rup­tion, spring to mind.

Un­chang­ing na­tion

Casla is rightly in­sis­tent that the idea of the na­tion was a 19th-cen­tury in­ven­tion and scorns the Fran­coist claim, echoed by right-wingers since, from José María Aznar to San­ti­ago Abas­cal, that Spain has been a sin­gle, great and Catholic na­tion since 1492 and even, in some over­heated minds, since Roman times. He ex­plains how real his­tory in­volved “re­li­gious di­ver­sity, un­likely al­liances and mer­ce­nar­ies on all sides”, but the in­vented past pre­sents Spain as a “his­tor­i­cally im­mutable re­al­ity” (p.31).

On this Achilles’ heel, Casla sees no so­lu­tion: he be­lieves that Span­ish na­tion­al­ists and the mi­nor­ity na­tions will just have to in­habit the same state while being more tol­er­ant on both sides. It is a rather weak con­clu­sion to his sharp analy­sis of the pro­pa­ganda use of the re­sis­tance to the Ro­mans of Nu­man­cia in the sec­ond cen­tury BC; or of the mayor of Móstoles de­clar­ing war on Napoleon in 1808; or of how “Re­con­quista”, used to de­scribe the ex­pul­sion of the alien Moors, is a sta­ple of PP and Vox elec­tion speeches. Casla does not coun­te­nance in­de­pen­dence as a more fea­si­ble so­lu­tion than ’tol­er­ance’.

I would take issue with him on one im­por­tant point: he sees the rise of Span­ish na­tion­al­ism in the 19th cen­tury as a ’mourn­ful and hurt’ re­sponse to Basque and Cata­lan na­tion­alisms (p. 30). Surely it is the re­verse, cer­tainly in the case of Cat­alo­nia, whose na­tion­al­ism took off in the 1830s as a re­sponse to cen­turies of suf­fo­cat­ing pres­sure by the State, most dra­mat­i­cally by Oli­vares in 1640-1641 and Fe­lipe V in 1714. This said, his sum­mary of the re­cent Cata­lan in­de­pen­dence move­ment is clear and use­ful (pp.40-51).

No wel­fare

The sec­ond Achilles’ heel is Franco’s legacy. Casla is char­i­ta­ble with the agree­ments of the 1970s Tran­si­tion, be­liev­ing that they should now be rene­go­ti­ated, but in the real cir­cum­stances of the time were about as good as could have been at­tained. The 1977 Amnesty Law was a false step in that it par­doned the dic­ta­tor­ship’s tor­tur­ers, not just their vic­tims. The ’Pact of Si­lence’ (not ’of For­get­ting’, he ar­gues, for no-one for­got) en­dan­gers democ­racy be­cause it re­duces aware­ness of past crimes. He high­lights the de­fi­cien­cies of the 2007 Ley de Memo­ria Histórica. He sum­marises neatly (pp.89-91) how the dic­ta­tor Pinochet’s 1998 ar­rest in Lon­don in­spired a new gen­er­a­tion of Spaniards to tackle un­re­solved is­sues rooted in their own dic­ta­tor­ship.

Casla’s third Achilles’ heel is the lack of a Wel­fare State. While in Eu­rope wel­fare pro­vi­sion im­proved in the 30 years of grow­ing pros­per­ity after 1945, in Spain Franco ruled. Then, in the new democ­racy, the ad­vent of neo-lib­er­al­ism left no time and space to de­velop a full-blown Wel­fare State. It is an en­tic­ing gen­eral ar­gu­ment, but miss­ing from the ac­count is that Fe­lipe González could have done a whole lot more in his years of ab­solute ma­jori­ties in the 1980s. The de­struc­tion of jobs under the ban­ner of mod­erni­sa­tion was not in­evitable, but a po­lit­i­cal choice. Casla also analy­ses the hous­ing cri­sis, based on the pas­sion of all gov­ern­ments since the 1950s to en­cour­age home own­er­ship. Though pre­sented as a route to work­ing-class pros­per­ity, re­cent years have shown that it leads to mass home­less­ness.

The Catholic Church’s no­to­ri­ous al­liance with Franco and sev­eral cen­turies of sup­port­ing the most re­ac­tionary pol­i­tics are also ex­plained. Even this most in­tractable Achilles’ heel can change, Casla be­lieves. He points to the Basque Church that op­posed Franco, the worker-priests of the 1960s and Car­di­nal Tarancón’s op­po­si­tion to the dic­ta­tor­ship in the 1970s. How­ever, as he him­self in­ti­mates, in re­cent years a weak­ened Church hi­er­ar­chy is again vo­cif­er­ously in­ter­ven­ing in pol­i­tics, demon­strat­ing in the streets against abor­tion, LGBT+ rights or gay mar­riage.

Re­mark­ably, given his sober analy­sis of Spain’s ills, Casla is op­ti­mistic, ar­gu­ing in his final chap­ter that ’Vul­ner­a­bil­i­ties Need Not Be Weak­nesses’. Suc­ces­sive gov­ern­ments’ re­fusal to do any­thing se­ri­ous to com­bat cli­mate change, the mass poverty he him­self charts or the rise of fas­cism, along with the crises of le­git­i­macy af­fect­ing the ju­di­ciary, monar­chy, po­lit­i­cal par­ties etc., make it hard to share his op­ti­mism. Spain and Its Achilles’ Heels of­fers no so­lu­tions apart from un­likely tol­er­ance and hope (the last, so they say, to be lost), but it is an acute and en­ter­tain­ing in­tro­duc­tion to the Span­ish State and its struc­tural weak­nesses.

book re­view

Spain and Its Achilles’ Heels Author: Koldo Casla Subtitle: The Strong Foundations of a Country’s Weaknesses Pages: 200 Publisher: Rowman & Littlefield (2022) “Casla offers in a challenging way the main flaws of modern democratic Spain. His thoughtful arguments about the role played by historical legacies help illuminate the present challenges.” Pablo Simón, professor and political pundit

Human rights legal expert

Koldo Casla is an expert in international law. Currently, he lectures in Law at the University of Essex, Colchester, and directs its Human Rights Centre. Fighter for human rights and academic high-flier, he holds degrees from the universities of his native Basque Country, Denver and Essex and completed a PhD in European and International Studies at King’s College, London, in 2017. From 2011 to 2013, he was Chief of Staff for the Ararteko, the Ombudsman of the Basque Parliament, a job that gave him intimate knowledge of the reconciliation process in Euskadi. Between 2016 and 2019, he was the Policy Director of Just Fair, campaigning on economic and social rights in the UK.

Between 2013 and 2019, Casla wrote four reports for Amnesty International on the rights to health, education and housing in Spain. As well as the book reviewed here, he is the author of Politics of International Human Rights Law Promotion in Western Europe: Order versus Justice (Routledge, 2019).

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