Military Nature and Statutory Duties
The Civil Guard, as a State security force, has a military character that imposes specific duties and limits on its members. This military nature, recognized by the Minister of the Interior, Fernando Grande-Marlaska, justifies the opening of disciplinary proceedings against those civil guards who violate their obligations.
Article 104 of the Spanish Constitution
The Spanish Constitution establishes that the Civil Guard is a security force under the Government, with the mission of protecting rights and freedoms and guaranteeing citizen security. This constitutional mandate defines the functions and duties of the members of the body.
Article 5.1 a) of Organic Law 2/1986
The Organic Law of State Security Forces and Corps specifies that the Civil Guard has the obligation to respect the Constitution and the legal system, thus framing its powers and limitations.
Neutrality Policy and Code of Conduct
Minister Marlaska highlights the obligation of the civil guards to maintain political neutrality in the performance of their duties. This neutrality is based on article 50 of Organic Law 11/2007, which regulates the rights and duties of the body.
Article 18.2 of Organic Law 11/2007
This article establishes that the civil guards must act with absolute political and union neutrality, distancing themselves from political discourse and partisan debate.
Article 13 of the Code of Conduct
The Code of Conduct of Civil Guard personnel obliges its members to respect all ideological and political options, maintaining neutrality in this matter.
Origin of Disciplinary Sanctions
The disciplinary sanctions imposed on the civil guards originated in a tweet published by Jucil, a parasyndicate related to Vox. In the tweet, Jucil criticized President Pedro Sánchez’s amnesty proposal, accusing him of treason.
Violation of the Duty of Neutrality
Jucil’s tweet was considered a violation of the duty of political neutrality by the civil guards involved. By publicly expressing their opposition to a political initiative, they violated the Code of Conduct and the body’s statutory obligations.
