Evaluating Spain's Reparation Law

Abstract

The Reparation Law1 approved on 26 December 2007 is the latest link in a chain of reparatory measures from the earliest days of Spain's transition to democracy to deal with the legacy of the Civil War and the Francoist dictatorship. Numerous articles have analysed the historical memory movement2 and the reasons behind the timing and scope of Spain's reckoning with the past.3 This literature presents the case of Spain as a counterpoint to the received wisdom of the transitional justice literature that successful democratization requires reconciliation. This article contributes to the specific literature on Spain, and the wider transitional justice literature, by focusing on an area which has not yet been analysed: the ‘co-construction’ and content of the Law. Through a comparison of the draft bill and the final Law, this article fills this gap.