The Supreme, the last obstacle to illegalizing the political arm of Núcleo Nacional

BarcelonaIn the last 48 hours, the neo-Nazi group Núcleo Nacional has had to completely cease its activity by order of a judge in Gijón. Magistrate Ana López Pandiella is investigating the organization for recruiting and indoctrinating young people and minors, whom it allegedly incited to carry out "acts of hate, discrimination, and incitement to violence against vulnerable groups." In addition to this investigation by the Asturian justice system, the National Police has confirmed that several members of the supremacist group traveled to Ukraine during the month of August to receive paramilitary training, learn to use weapons of war, and establish ties with like-minded organizations, with the goal of preparing in Spain what they call an "armed uprising."

In light of these events, Judge Pandiella has set various precautionary measures while the investigation continues into the 14 individuals arrested last Friday. Among these measures are the withdrawal of passports, the prohibition of leaving the national territory, the blocking of digital content from their social media profiles, the closure of their headquarters in Madrid, Burgos, and Valladolid, and the obligation to appear weekly before the court.

Núcleo Nacional has rejected on several occasions the accusations against the organization and has attributed them to "political persecution and repression." Furthermore, it has urged its militants and supporters to join Noviembre Nacional in order to maintain its activity. This party, registered in the Ministry of the Interior's registry of political parties since February 2026, could become an alternative for the neo-Nazi group to dodge a potential banning of the original association. However, the fact of being registered as a party does not exempt it from a potential banning procedure if the conditions established by legislation are met.

The suspension of the association's activity is not equivalent to its definitive dissolution. This is pointed out by Joan Ridao, a professor of constitutional law at the University of Barcelona, who explains that the judge's decision is part of a criminal case that is still in the instruction phase. The 2002 Organic Law on the Right of Association allows the judicial authority to order the precautionary suspension of an entity's activities, while the definitive dissolution requires a final criminal sentence. "For the moment we are in the criminal instruction phase, in which the judge adopts a precautionary measure, such as the suspension," notes Ridao.

In this sense, the expert considers that an eventual dissolution of Núcleo Nacional is a more feasible possibility than the banning of Noviembre Nacional, the political party linked to the neo-Nazi movement. Ridao recalls that political parties have specific constitutional protection, set out in Article 6, and that their eventual banning process is much more complex. For it to prosper, it would be necessary to prove, as established by Article 9.2 of the Organic Law on Political Parties (LOPP), a systematic violation of individual freedoms and rights, the systematic promotion of violence or direct political support for terrorism, as well as the lack of condemnation of terrorist acts. These latter conditions were key to being able to ban up to half a dozen Abertzale left-wing parties in the early 2000s, among which are Batasuna, Euskal Herritarrok, Askatasuna or Sortu. Ridao considers it "complicated" to prove facts of this nature.

The role of the Supreme Court

Unlike the suspension of an association, which can be agreed upon by an ordinary court at the request of any citizen, the illegalization of a political party falls to the Special Chamber of the Supreme Court, known as the Chamber of Article 61, as established by Article 11.8 of the LOPP. It is a specific judicial body, presided over by the president of the Supreme Court and composed of other magistrates from the different chambers of the court. The procedure can be initiated by the Spanish government or by the public prosecutor's office, and it is this chamber that must hand down a ruling on the illegalization.

Ridao recalls that this mechanism was configured in the political and judicial context of 2002, with the objective of having tools to act against groups linked to ETA. The law on political parties received the support of the PP and the PSOE at that time and established “a very summary, very expeditious procedure, which is tributary to a certain context, to a certain era”, explains the jurist.

In any case, the expert in constitutional law considers that transferring this mechanism to Noviembre Nacional would not be simple. Apart from the constitutional protection of political parties, Ridao explains that it would be necessary to examine the party's statutes to verify “if there is a serious and repeated violation of democratic principles, if they are really calling for support for violence,” he argues. He also warns that the outlawing of a party by the Supreme Court is not a decision that is taken “as a minor matter,” especially because of the precedents it could establish for other organizations of a similar ideology.