Page 313

Revista_IEEE_13

313 Semester journal of the IEEE Review Following all of the foregoing, analysis is carried out of the Constitutional reg-ulation by Article 8 which shapes the composition and the missions of the Armed Forces, as well as the exclusive competence of the State in matters of Defense and the Armed Forces—Article 149.1.4 of the Spanish Constitution—and in those of public security—Article 149.1.29 of the Spanish Constitution—with the principal objective of contextualizing the content material on national security. Previous to analysis of the material content of the regulation, examination is made of the implications of Law 9/1968, dated 5 April, on official secrets, modified by Law 48/1978, dated 7 October; as well as of Decree 242/1969, dated 20 Febru-ary, through which are developed the stipulations of Law 9/1968, dated 5 April, on State secrets, and as such regarding classified information. Based on this informa-tion, also cited is Law 36/2015, dated 28 September, on National Security, and it is its First Final Regulation which establishes that the Law “is dictated on the grounds of the contents of Article 149.1.4 and 29 of the Constitution which grant to the State exclusive competence in matters of Defense and Armed Forces and in matters of Public Security.” Thus, in the Preamble to the aforesaid Law 36/2015, dated 28 September, National Security is defined as “(…) a space of new public action, focused towards the harmonization of objectives, resources and policies now extant in security matters. In this regard, National Security is understood to be the action of the State directed at protect-ing the liberty and well-being of its citizens, as well as contributing together with our partners and allies to international security in compliance with assumed commitments; a concept which, to date, had not been the object of integrated normative regulation. This effort at integration holds all the more importance since National Security must be considered to be an objective shared by different Administrations, State, Autonomous and local, Constitutional organs, especially the General Courts, the private sector and civil society, within the projects of the international organizations of which we form a part. Additionally, reality shows that the challenges to National Security which affect society display on occasion a high level of complexity, extending beyond the borders of traditional categories such as defense, public safety, foreign action and intelligence, as well as others more recently incorporated into the concern for security, such as the environment, ener-gy, transport, cyberspace and economic stability.” This judicial construction is clearly patent in the text of the article. Along these lines, Article 2 of Organic Law 5/2005 dated 17 November, regarding National Defense, states that “The policy on defense has as its end the protection of the whole of Spanish society, of its Constitution, of the supreme values, principles and institutions consecrated within it, of the social and democratic State of law, of full exercise of rights and liberties, and of the guarantee, independence and territorial integrity of Spain. As well, it holds the objective of contributing to the preservation of international peace and security, within the framework of the commit-ments entered into by the Kingdom of Spain. This definition is amplified in Article 3 of the aforesaid normative text when it defines National Security as “(…) the action of the State directed towards protecting the liberty, rights and well-being of citizens, guaranteeing the defense of Spain and its principles and Constitutional values, as well as contributing together with our partners and allies to international security in compliance with the commitments assumed.” Revista del Instituto Español de Estudios Estratégicos n.º 13 - Año: 2019 - Págs.: 307 a 328


Revista_IEEE_13
To see the actual publication please follow the link above