Spain: Freedom of Expression and Neutrality of Military Personnel
The Supreme Court (military chamber) has recently issued a resolution that annuls the disciplinary sanction of a soldier in Spain for making use of his right to freedom of expression (protected at Constitution and limited to military by law in certain circumstances) regarding a personal opinion over Franco’s dictatorship. The judgment of the high court involves bringing Spanish jurisprudence closer to the line of European interpretation in favour of the exercise of fundamental rights admitting the restriction of military personnel rights solely when it poses a substantial, serious and real threat to military discipline.