Author(s): Jorge Salinas Mengual
This paper attempts to carry out an analysis of the new Law on Education approved in Spain, trying to go deeper into several interrelated topics: the timeliness of the legislative project at a time marked by the COVID-19; the omission of a series of procedures that should have been followed in the process of drafting the Law; the absence of citizen participation, both of experts in the field and of those directly affected by this legal amendment, such as parents and teachers; finally, the material content of the new legislative text is analyzed in order to demonstrate the violation of some fundamental rights, which is supported by comparing the Law with the most important international texts and the recent case law of the European Court of Human Rights. These four aspects, the timeliness of the Law, the violation of the democratic procedures for its approval, the absence of citizen participation in its drafting and the violation of fundamental rights, lead to the conclusion of the illegitimacy of the new Education Law within the scope of the Spanish democratic system.