In 2015, it was impossible to defend a law as unfair as the one promoted by the Rajoy Government from a guaranteed position. At the time austerity measures were adopted in Europe, people were abandoned and banks were rescued, the poor were poorer and the rich were richer. And of course, the level of protest against it was very high. After the withdrawal of the law by all the opposition of the pp in Congress, the debate moved to Vitoria-Gasteiz and the PNV, together with EHBildu and PSOE, voted in June 2016 a Bill No with the following text: "As the political majority in this Parliament is against this law, it undertakes not to apply it," he added.

It was a position that was clearly politically obligated, but was there a will to keep what was signed? The PNV soon expressed its devotion to this rule, which reduced the fundamental right to protest, turning the parliamentary agreement into a burned paper. The councillor Beltrán de Heredia approved it soon: "this is the current legislation on citizen security". It should therefore be applied. In practice, Urkullu became a loyal advocate of a law that offered him effective instruments against the protest.

In this particular case, the management of the Ertzaintza states that it is "the importance of the risk that has been generated for citizen security" and that it has applied the highest degree of severity to the young people of ERNAI, punishing them with a fine of 2,500 euros, the highest so far. No one has denied it, but it is not the same measuring device depending on who is protesting: an ertzaina, a worker or a young person. The law is not the same for everyone. In the protest, according to the PNV, there are also classes.

In short: The PNV has already approved the breach of the law, which affected Catalonia. Then yes, he is obliged to do so. Finally, it has applied arbitrarily, punishing some more than others. Is this a solution? Is the PNV obliged to apply this law? And in this particular case, to apply it with that severity? Round answer: no.

Moreover, in Catalonia they have demonstrated that it is possible to do it differently, from a perspective garantista.El Govern de Pere Aragonèsen has established a series of criteria to modulate the sanctioning power of the Mordaza Law in cases of citizen protest: “Freedom of expression is of fundamental importance in the formation and being of public opinion as a requirement of pluralism and tolerance.”

Here they put the priority and add: "The exercise of these rights may cause some disorder in the development of everyday life and confuse public order, so it may require some margin of tolerance for this disorder so that these rights do not have content."

That is, it can hinder traffic, it can restrict or hinder the movement of other countrymen, it can confuse public services… yes, because the right to protest is more important. Consequently, "when it comes to a peaceful and risk-free protest for citizens or goods, it is necessary to make a broad interpretation of fundamental rights and their exercise, so that the conduct described cannot be sanctioned".

Rights or public order? The Catalan Government is clear about this. And how does this choice guarantee rights? That is, this interpretation in favor of the protest, how does the administrative file become? With changes in the structure, eliminating the intervention from the police scale and placing it in the hands of civil officials looking at the examination with the appropriate “diopters”.

Here, the last word remains that of the director of the Ertzaintza, the head of the police who opened the dossier. A worker there is an order to defend freedoms: "shall value the legitimate exercise of a right of the persons complained of, by archiving the file". It is now!

The PNV could have found the way to "not apply" the law, as it assumed in that decision of the Basque Parliament. The Catalan Government has found the way to reach an agreement with Catalonia. It is enough to want. But for that very reason, I needed will. The PNV has wanted us to believe that its relationship with the Mordaza Law is hateful. But reality says it says love: it's an effective tool against dissent.