Report on Citizenship Law: Cuba apparatus accumulated power, which made the socialist state grow in proportion, influence and in the degree of programming of social life. At the same time, it developed social rights and framed in a more limited manner civil and political ones, conditioned by their exercise within state institutions and officially recognised social organisations, and ‘in accordance with the aims of a socialist society”. From this locus, the concept of Revolution substituted that of the Republic in official discourse. Cuba’s “provisional” period was the longest within the socialist field in the twentieth century. The fact collides with the republican formula of the precedence of Law, against political “decisionism” by decree. The reason for the delay of a new constitution —no elections were held during this period—was explained in this way: “[...] The Directorate of the Revolution did not hasten to establish its definitive form, understanding that the issue was not based on the formal existence of the organs of power, but in creating well-thought-out and lasting institutions that respond to needs” (Official Gazette 1944, p.163). The idea followed the Soviet “Marxist-Leninism” philosophy of the time: Constitutions are declarations of existing realities and do not have a constitutive character, that is, they must ‘reflect the changing economic-social reality and, based on it, influence its transformation and the acceleration of its development according to its own material nature and the historical (ideological) socialist project” (Gómez Treto 1987, P. 52). Hence, the fundamental law “must” legally consolidate the “already achieved”. The thesis brought as a result, for its future, four changes: a) the scarce use of the constitutional text as a rule to limit the rights of power and to assign rights against power; b) the limited deployment of the normative force of the rights recognised in the Constitution; c) the scarce utility of the law to express and relaunch axiological debates on aspirations of new contents of freedom, dignity, justice and solidarity; and d) the consolidation of the concentrated exercise of power that would be formalised after the creation of the new institutions in 1976. When such text was promulgated, fundamental characteristics of the Cuban political system had already taken shape: a single communist party, a state economy, a Marxist-Leninist ideology and an alliance with the socialist field. Because of these features, the model has received criticisms such as the following: “the resignification of the values of equality and freedom determines that citizenship has ceased to be the central criterion of unification and integration of the new Cuban socialist society, opening the way for notions of revolutionary and people as synonyms of citizen and electoral majority” (Bobes 1996) And, also: “The revolution (identifies) the civil or political, the people and the government, the nation and the State. To the point that, in the preamble of the 1976 constitution, the Cuban citizen, that is, the civil individual, appears as the defender of “the victorious doctrine of Marxism-Leninism”, “proletarian internationalism”, and “fraternal friendship”, with the Soviet Union and other socialist countries” (Rojas 1997). However, the Socialist Constitution of the Republic of Cuba was approved in 1976 by 97.7% of the votes of the Cuban electorate, resident on the island. According to Matilla, the new constitution “is not a work of political and ideological diversity, but the work of the political and ideological unity created by the evolution of the Cuban revolutionary process, led by the Communist Party of Cuba” (Matilla (coord.) 2016, p.9). The text resolved in the normative domain the problem of the fusion of powers and functions characteristic of the “provisional” period. Three fundamental objectives were raised: to regularise the decisionmaking process, to decentralise state power, and to consecrate the catalogue of citizen rights. On the other hand, the social policies developed since the beginning of the revolutionary process —agrarian reform, urban reform, universalisation of free education and health, protected prices for public services and food, mass access to public cultural facilities 18 RSCAS/GLOBALCIT-CR 2020/3- © 2020 Author(s)

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