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There are also the imprisoned members of the organisation, serving time scattered across Spain and France, that sometimes still have significant influence inside the organisation; and finally the quemados ("burned out"), members freed after having been imprisoned or those that the organisation suspect under police vigilance.In the past there was also the figure of the deportees, expelled by the French government to remote countries where they live freely.The Spanish Supreme Court unanimously considered the party to be a sequel to Batasuna and declared a ban on it.After Aukera Guztiak had been banned, and less than two weeks before the election, another political group appeared born from an earlier schism from Herri Batasuna, the Communist Party of the Basque Lands (EHAK/PCTV, Euskal Herrialdeetako Alderdi Komunista / Partido Comunista de las Tierras Vascas), a formerly unknown political party which had no representation in the Autonomous Basque Parliament.Defenders also argue that the ban of a political party is subject to judicial process, with all the guarantees of the State of Law.Batasuna has failed to produce such a statement as of February 2008.

These groups are made up mostly of young people, who are directed through youth organisations (such as Jarrai, Haika and Segi).

The eleven different substructures are: logistics, politics, international relations with fraternal organisations, military operations, reserves, prisoner support, expropriation, information, recruitment, negotiation and treasury.

ETA's armed operations are organized in different taldes ("groups") or commandos, generally composed of three to five members, whose objective is to conduct attacks in a specific geographic zone.

The Spanish Cortes (the Spanish Parliament) began the process of declaring the party illegal in August 2002 by issuing a bill entitled the Ley de Partidos Políticos which bars political parties that use violence to achieve political goals, promotes hatred against different groups or seek to destroy the democratic system Many within the Basque nationalistic movement strongly disputed the Law, which they consider too draconian or even unconstitutional; alleging that any party could be made illegal almost by choice, simply for not clearly stating their opposition to an attack.

Defenders of the new law argue that the Ley de Partidos does not necessarily require responses to individual acts of violence, but rather a declaration of principles explicitly rejecting violence as a means of achieving political goals.

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The taldes are coordinated by the cúpula militar ("military cupola").

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