[1] The party was outlawed by the Spanish Supreme Court in 2008[1] after it was judicially proven to be part of Batasuna and, therefore, ETA.

In this year, within weeks of the regional Basque election EHAK suddenly rose to national prominence when it publicly announced that it would assume the program of the banned abertzale lists of Aukera Guztiak and Batasuna.

Like Batasuna, their representatives refused to explicitly condemn the ETA attacks, being the only important political party not to do so in the Basque Country and Spain.

According to the legal inquiry, EHAK was "instrumental in continuing the illegal action designed by ETA/Ekin/Batasuna", rapidly losing its autonomy to replace Batasuna's role in the institutional front of ETA's activities.

[6] On 4 August 2009, the judge Baltasar Garzón announced his intention to put a number of PCTV members on trial for ETA membership.