Cándido Conde-Pumpido, the current president of the Constitutional Court, has shared reflections on the nature of democracies and their intrinsic vulnerability, stating that "democracies can also die from within." His words resonate with the history of Spanish constitutions, from the long-standing Magna Carta of 1978 to the historic Constitution of Cádiz of 1812.
In a conversation at the headquarters of the Constitutional Court, Conde-Pumpido evoked the origins of his family lineage, tracing back to Cádiz in 1818 with his great-great-grandfather Belisardo Pumpido, who Hispanized his French surname and became one of the first officers of the Civil Guard. This historical connection, linking his family to the city of Cádiz across several generations, underscores Cádiz's profound mark on Spain's constitutional history.
The President of the Constitutional Court emphasized the significance of the 1812 Constitution of Cádiz, calling it "the seed of Spanish constitutionalism." He highlighted that, despite its short period of validity, its principles inspired subsequent constitutions and remain fundamental. He mentioned the Oratorio de San Felipe Neri in Cádiz as a place of great historical weight for a constitutionalist.
Conde-Pumpido recalled his own career, marked by the fight against ETA terrorism, first as a magistrate in the Basque Country and later as the State Attorney General. He stressed the "joint action of the three branches of government" for the outlawing of political parties close to ETA as a crucial milestone in Spain's history and one of his life's greatest satisfactions.
He also addressed the founding of the association Jueces para la Democracia (Judges for Democracy), an heir to groups advocating for democratic transition during the dictatorship, and argued that its objective was the defense of fundamental rights enshrined in the Constitution, not the politicization of the judiciary.
The President of the Constitutional Court also referred to the importance of Article 303 of the Constitution of Cádiz, which led to the abolition of torture and laid the groundwork for respect for the presumption of innocence and effective judicial protection. He contrasted this foundation with the dictatorship's law on social dangerousness, which the Court declared unconstitutional for allowing prospective detentions.
Finally, Conde-Pumpido described the Catalan procés as the "second most delicate moment for democracy" in which the Constitutional Court had to support the State, annulling referendum laws and declaring the constitutionality of the application of Article 155, acting with "all the necessary energy to stop an illegal action against democracy."
