Comments on Spanish oficial secrets legislation in view of the District of Columbia Court of appeals (U.S.) Judgement of 21 May 2013

Authors

  • Salvador A. Soto Lostal Universidad Pablo de Olavide

DOI:

https://doi.org/10.18042/cepc/redc.111.12

Keywords:

State Secrets, security, defense, transparency, documents classification and declassification, Government acts judicial control.

Abstract

Official secrets acquired an unusual prominence after Spanish Supreme Court took sentences (07/04/1997). Apparently postponed, takes an especial relevance nowadays, as a result of different national and international events, and parliament initiatives to promote an Official Secrets Law reform. Those circumstances along with the analyzed USA Court of Appeals for the District of Columbia´s sentence, drives us to make several reflections around official secrets that lies basically in the need of an express judicial control recognition in our legal system over classificatory and declassificatory government acts through an interpretation of State security and national defense. At the same time, a review about some current legal loss-making aspects is made concluding with purposes in accordance with current constitutional regime.

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES