Ortuño Aix José María

This author's articles

• The War on Terror. The Spanish Case

  24 May 2006
  The terrorist attacks in Madrid M-11 did not demand the production of fresh exceptional laws, since a whole exceptionalist framework was already designed and well developed to face the activities of armed groups, and particularly those of the Basque independentist ETA. We approach to Spanish exceptionalism from the view of the legal perspecetive called Criminal Law of the Enemy (also called Criminal Law of Police) developed by German legal scholar, G. Jakobs. The antiterrorist policies implemented after Madrid bombings have fitted well that legal perspective and have meant a wider criminalization of Muslim migrants and in general the view society have of Islam.

• Migration, asylum and Security: The Case of Ceuta and Melilla

  24 May 2006
  The images of tons of people climbing up barbed wire fences over 3 meters high, using rudimentary stairs made by themselves, appeared in all the news during several days. Those images were used by the conservative media and by the main opposition party in Spain to create an atmosphere of extreme social tension. They tried to explain those events just from a domestic point of view, as if they were the consequence of the immigration policy implemented by the Government in 2005, and also of the improvement of relations between Spain and Marocco being exploited by the latter to get control of the Spanish enclaves in North Africa.

• Spanish Immigration Policies and Legislative Evolution in that Field as a New Exceptional Framework

  24 May 2006
  While laws of immigration in Spain have intended officially to guarantee the rights and liberties of the immigrants and to provide their social integration, as their titles always assure, they have served, in practice, for just the opposite, for the legal and social construction of irregular immigrant to whom the recognition of rights is notably shrinked and who is forced to live in social marginalization, turned into a non-person.

• From S-11 to M-11 : Effects of conservative political management of terrorism

  26 November 2004
  The attacks of S-11 only had an indirect influence on the criminal policy of the Spanish government. At most we could talk of an accentuation of its line of toughness and of the legitimisation received from the international participation of J.M. Aznar, beside G. Bush and T. Blair, in the fight against terrorism. But the determining factor of that increase in toughness came from its victory by absolute majority at the general elections of March, 2000. From then, Popular Party (PP) left any policy of consensus and started to criminalize political problems making reforms of the penal criminal code as needed in order to be able to condemn the political behaviour of their opponents. Some of those reforms were made by democratically doubtful means. In any case, the way to fight terrorism, which for them was the main problem affecting Spain, seemed to be more inclined towards obtaining political advantages than solving the problem, as it is shown in a series of events that culminated in Madrid, M-11.