The practice of police infiltrating various organizations, such as meetings, demonstrations, or striker marches, is a known fact when it is anticipated that decisions made could lead to public order issues. However, the discretion of these agents is crucial, as in a context of democratic normality, no legal framework permits affecting fundamental rights and public freedoms without prior judicial authorization and a solid, proportionate justification.

The case that recently caused controversy does not appear to meet these conditions. Those affected discovered the infiltration at a teacher union meeting, which has led to widespread and justified indignation.

The response from the Interior department has been that an internal organizational decree supports the decision to infiltrate the meeting, which took place in the context of subsequent strikes. However, this justification is questionable. Internal regulations can only govern actions within an administrative department and cannot, under any circumstances, affect fundamental rights. Trade union freedom is a clearly protected right, and the limitations on unionization and strikes, established by the Constitution and laws, do not include this type of action without prior, motivated, and proportionate judicial oversight, circumstances that are not present in this case.

Therefore, if the internal decree provides for such actions, it could be considered null and void, and thus unenforceable by any jurisdictional order or annulled by the administrative contentious jurisdiction. If the decree does not support these actions, the situation would be even more serious. In any case, the Interior department must provide explanations, either through the leadership of the Mossos d'Esquadra or the department itself. If responsibilities are not assumed at these levels, the burden will fall on the president of the Government, as they are the one who directly or indirectly appoints those responsible.