He Government is preparing a royal decree to simplify the requirements envisaged by its own Democratic Memory Act be considered a “victim of Francoism”, which allows, among other things, access to compensation. Concretely, this new regulation aims to facilitate the processing of requests from all citizens who consider that they have suffered “persecution or violence” during the Civil war and the dictatorship that followed.
The document that the Ministry of Angel Victor Torres submitted for public consultation and states that this draft Royal Decree aims to update and regulate the procedure for declaring reparation and personal recognition for those who suffered persecution or violence during the civil war and the dictatorship. “The proposed regulation aims to provide clear and updated regulations that facilitate the processing of these requests and guarantee greater fairness and transparency in the process. The approval of this Royal Decree aims to increase legal certainty, fill possible regulatory gaps and clarify the procedures and concepts necessary for a uniform application of the law,” the Government emphasizes.
Similarly, the Ministry of Democratic Memory ensures that it is necessary to develop new regulations to guarantee the proper implementation of personal recognition and reparation measures. “The new regulations will allow an effective adaptation to the criteria established by Law 20/2022 of October 19, ensuring consistency in the recognition and reparation of victims, facilitating collaboration between public administrations and simplifying the requirements required of applicants,” reads the statement. text submitted for public consultation.
In this way, the Government seeks, through this new regulation, to simplify the necessary requirements for people who request the Declaration of Recognition and Personal Reparation to those who, during the Civil War and the Dictatorship, suffered persecution, condemnation, sanctions or any other form of personal violence. for political, ideological or religious reasons. These reasons include belonging, collaboration or relationships with political parties, unions, religious or military organizations, ethnic minorities, secret societies, Masonic lodges and resistance groups, as well as the exercise of conducts related to cultural, linguistic or sexual orientation options.
“Through this Declaration, Spanish democracy will pay tribute to the citizens who directly suffered the injustice and grievances arising from the Civil War and the Franco dictatorship. To those who lost their lives and also to those who lost their freedom by suffering imprisonment, deportation, confiscation of their property, forced labor or internment in concentration camps inside or outside our borders. Likewise, those who lost their homeland after being forced into a long, heartbreaking and in many cases irreversible exile will be recognized,” states the Democratic Memory Law.
The so-called Democratic Memory Law – agreed by the government with Bildu – includes the victims’ right to “economic reparation”. Specifically, the rule obliges the government to appoint within a year a technical commission to propose economic reparation measures for victims of war and dictatorship, based on the provisions of state and regional law, deciding on the degree of coverage achieved so far and “the deficiencies that can be corrected”.
Francoist symbols
That same summer, Ángel Víctor Torres took the first steps towards the royal approval of the decree that regulates the catalogue of Francoist symbols and elements, provided for in the Democratic Memory ActThe text aims to create a legal framework and to establish a list of all “elements and symbols contrary to democratic memory” with a view to their subsequent removal, with fines of up to 10,000 euros if the regulations in force are not respected.
“The need to develop aspects of law through regulation has become evident, especially with regard to the development of the catalogue of symbols and elements contrary to democratic memory. This catalogue is an essential instrument for the removal of elements that, in accordance with the law, are considered contrary to democratic memory and facilitates the obligations of those who are called upon to remove them, promoting the adequate collaboration of public administrations”, explains the text promoted by the Ministry of Angel Victor Torres.
For this reason, the Government has launched a public consultation before drafting a Royal Decree that regulates the catalogue of symbols and elements contrary to democratic memory, provided for in Article 36 of Law 20/2022 of 19 October. This new text aims to develop the Democratic Memory ActSpecifically, with regard to Article 36, it will prepare, in collaboration with the rest of the public administrations, a catalogue of Francoist symbols and elements, which will incorporate in all cases the data provided by the autonomous communities, and will contain the list of elements that must be suppressed or eliminated.
