JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

EXPLANATORY STATEMENT

The spirit of reconciliation and harmony, and of respect for pluralism and the peaceful defense of all ideas, which guided the Transition, allowed us to give ourselves a Constitution, that of 1978, which legally translated that will. The meeting of the Spanish people, articulating a social and democratic state of law with a clear and inclusive vocation.

The spirit of the Transition gives meaning to the most fruitful constitutional model of coexistence that we have ever enjoyed and explains the various measures and rights that have been recognized, from the very origin of the entire period. It is a question of the people who, during the decades before the Constitution, suffered the consequences of the civil war and the dictatorial regime that happened to them.

Despite this legislative effort, there are still initiatives to be taken to ensure that the demands of these citizens are met and definitively met, raised both in the parliamentary sphere and by various civic associations. These are legitimate and just requests, that our democracy, again appealing to its foundational spirit of concord, and within the framework of the Constitution, cannot fail to attend.

For this reason, this Law serves the opinion of the Constitutional Commission of the Congress of Deputies, which on 20 November 2002 unanimously approved a non-law Proposition in which the He reiterated that "no one can feel legitimized, as happened in the past, to use violence in order to impose their political convictions and establish totalitarian regimes contrary to the freedom and dignity of all people." citizens, which deserves the condemnation and revulsion of our democratic society. " This Law assumes this Declaration as well as the condemnation of the Francoism contained in the Report of the Parliamentary Assembly of the Council of Europe signed in Paris on March 17, 2006, in which the serious violations of human rights were denounced. Humans committed in Spain between the years 1939 and 1975.

It is time, like this, that the Spanish democracy and the living generations that today enjoy it honor and recover forever all those who directly suffered the injustices and grievances produced, for some or other reasons. political or ideological or religious beliefs, in those painful periods of our history. Of course, those who lost their lives. With them, their families. Also to those who lost their freedom, to suffer imprisonment, deportation, confiscation of their property, forced labour or internments in concentration camps inside or outside our borders. Also, finally, those who lost their homeland by being pushed into a long, heartbreaking and, in so many cases, irreversible exile. And finally, those who at different times fought for the defense of democratic values, such as the members of the Carabinieri Corps, the international brigadists, the guerrilla fighters, whose rehabilitation was unanimously approved. requested by the plenary session of the Congress of Deputies of 16 May 2001, or members of the Democratic Military Union, which was self-dissolving with the holding of the first democratic elections.

In this sense, the Law lays the foundations for public authorities to carry out public policies aimed at the knowledge of our history and the promotion of democratic memory.

This Law is part of the consideration that the various aspects related to personal and family memory, especially when they have been affected by public conflicts, are part of the legal status of democratic citizenship, and as such are addressed in the text. It is recognized, in this sense, an individual right to the personal and family memory of each citizen, who finds his first manifestation in the Law in the general recognition that is proclaimed in his article 2.

Indeed, in this precept a general proclamation is made of the unjust nature of all convictions, sanctions and expressions of personal violence produced, for unequivocally political or ideological reasons, during the war. Civil, as well as those who, for the same reasons, took place in the Dictatorship.

This general statement, contained in Article 2, is supplemented by the provision of a specific procedure for obtaining a personal statement of rehabilitator and restorative content, which opens as a right to all injured, and who will be able to exercise themselves or their relatives.

In Article 3 of the Law, the illegitimacy of the courts, juries or organs of any administrative nature created with violation of the most elementary guarantees of the right to a fair trial, as well as the illegitimacy of sanctions and convictions of a personal nature imposed for political, ideological or religious beliefs. The current lack of legal validity of those provisions and resolutions that are contrary to human rights and contributes to the moral rehabilitation of those who suffered such unjust sanctions and condemnations, is clearly highlighted.

In this sense, the Law includes a derogatory provision that, expressly, deprives of legal validity to those norms dictated under the Dictatorship manifestly repressive and contrary to fundamental rights with the the dual objective of proclaiming its formal expulsion from the legal system and preventing its invocation by any administrative and judicial authority.

Articles 5 to 9 establish the recognition of various improvements in economic rights already collected in our Ordinance. In this same direction, the right to compensation is provided for in favour of all those people who lost their lives in defence of democracy, of the democracy that we all enjoy today, and who had not received compensation so far. due (art. 10).

Various precepts are collected (arts. 11 to 14) that, in addition to a very legitimate demand of not a few citizens, who ignore the whereabouts of their relatives, some even in mass graves, they provide for measures and instruments for public administrations to facilitate, the interested parties who request it, the tasks of location, and, where appropriate, identification of the missing persons, as a last proof of respect for them.

A number of measures are also established (arts). 15 and 16) in relation to the symbols and monuments commemorating the Civil War or the Dictatorship, supported by the principle of avoiding all exaltation of the military uprising, of the Civil War and of the repression of the Dictatorship, in the conviction that citizens have the right to be so, that public symbols are the occasion of encounter and not of confrontation, offense or tort.

The legislator considers it a justice to do a double recognition of singularity. First of all, the volunteer members of the International Brigades, who will be allowed to access Spanish nationality without having to give up the one they have until this moment (art. 18); and, also, to the citizens ' associations that have been meant in the defense of the dignity of the victims of the political violence referred to in this Law (art. 19).

In order to facilitate the collection and the right of access to historical information about the Civil War, the Law reinforces the role of the current General Archive of the Spanish Civil War, based in Salamanca, integrating it into the Documentary Centre of the Historical Memory also based in the city of Salamanca, and establishing that it will be transferred from all the existing documentation in other state centers (arts). 20 to 22).

This law extends the possibility of acquiring Spanish nationality to the descendants up to the first degree of those who had originally been Spanish. This is met with a legitimate claim to Spanish emigration, which includes singularly the descendants of those who lost Spanish nationality through exile as a result of the Civil War or Dictatorship.

In short, this Law aims to contribute to closing wounds still open in the Spanish and to give satisfaction to the citizens who suffered, directly or in the person of their relatives, the consequences of the tragedy. of the Civil War or the repression of the Dictatorship. It wants to contribute to this from the full conviction that, in this way, deepening in the spirit of the reencounter and the concord of the Transition, it is not only those citizens who are recognized and honored but also the Democracy Spanish as a whole. It is not the legislator's job to implement a certain collective memory. But if it is the duty of the legislator, and the duty of the law, to repair the victims, to consecrate and protect, with the utmost normative vigor, the right to personal and family memory as an expression of full democratic citizenship, to promote values constitutional and promote knowledge and reflection on our past, in order to avoid a repetition of situations of intolerance and violation of human rights such as those that have been experienced.

This is the commitment to which the legal text and its legal consequences respond.

Article 1. Object of the Law.

1. The purpose of this Law is to recognize and extend rights in favor of those who suffered persecution or violence, for political, ideological, or religious beliefs, during the Civil War and Dictatorship, to promote their moral reparation and recovery of their personal and family memory, and to adopt complementary measures aimed at removing elements of division among citizens, all in order to promote cohesion and solidarity among the various generations of Spaniards in the principles, values and constitutional freedoms.

2. This Law, as a public policy, seeks to promote democratic values and principles, facilitating knowledge of the events and circumstances that occurred during the Civil War and Dictatorship, and ensuring the preservation of documents related to that historical period and deposited in public files.

Article 2. General recognition.

1. As an expression of the right of all citizens to moral reparation and the recovery of their personal and family memory, the radically unjust character of all convictions, sanctions and any forms of violence is recognized and declared. personnel produced for political, ideological or religious belief reasons, during the Civil War, as well as those suffered by the same causes during the Dictatorship.

2. The reasons referred to in the previous paragraph include membership, collaboration or relationship with political parties, trade unions, religious or military organisations, ethnic minorities, secret societies, Masonic lodges and resistance groups, as well as the exercise of conduct linked to cultural, linguistic or sexual orientation options.

3. Likewise, the injustice that the exile of many Spaniards during the Civil War and the Dictatorship was recognized and declared.

Article 3. Declaration of illegitimacy.

1. The illegitimacy of the courts, juries and any other criminal or administrative organs which, during the Civil War, would have been constituted to impose, for political, ideological or religious belief, convictions or Sanctions of a personal nature, as well as that of their resolutions.

2. Because they are contrary to the law and violate the most basic demands of the right to a fair trial, it is in any case declared the illegitimacy of the Court of Repression of Freemasonry and Communism, the Tribunal of Public Order, as well as the courts. Political Responsibilities and War Councils constituted by political, ideological or religious belief in accordance with the provisions of Article 2 of this Law.

3. Likewise, the convictions and sanctions handed down for political, ideological or belief reasons by any courts or criminal or administrative bodies during the Dictatorship against those who are responsible for political, ideological or religious reasons are declared illegitimate. defended the previous institutional legality, sought the restoration of a democratic regime in Spain or tried to live according to options protected by rights and freedoms today recognized by the Constitution.

Article 4. Declaration of repair and personal recognition.

1. The right to obtain a Declaration of reparation and personal recognition to those who during the Civil War and Dictatorship suffered the effects of the resolutions referred to in the previous articles is recognized.

This right is fully compatible with the other rights and restorative measures recognized in earlier rules, as well as with the exercise of the actions to which it takes place before the courts of justice.

2. The persons concerned shall be entitled to apply for the Declaration and, if they have died, the spouse or person linked by the same relationship of affectivity, their ascendants, their descendants and their collateral until the second grade.

3. In addition, the public institutions may request the Declaration, subject to the agreement of their governing body, in respect of those who, lacking the spouse or the family members mentioned in the previous paragraph, have served or relevant activity on the same.

4. The persons or institutions referred to in the preceding paragraphs may be interested in the Ministry of Justice to issue the Declaration. To this end, they may provide all the documents relating to the facts or proceedings in their possession, as well as any background which is deemed appropriate.

5. The Declaration referred to in this Law shall be compatible with any other remedy provided for in the legal order and shall not constitute a title for the recognition of the State's patrimonial responsibility or any Administration. It shall neither give rise to any effect, repair or compensation of an economic or professional nature. The Ministry of Justice shall refuse to issue the Declaration when it does not comply with the provisions of this Law.

Article 5. Improvement of the benefits recognised by Law 5/1979 of 18 September 1979 on the recognition of pensions, medical-pharmaceutical assistance and social assistance in favour of widows, children and other relatives of deceased Spaniards, as a result of the past Civil War.

1. In order to complete the protective action established by Law 5/1979, of 18 September, of recognition of pensions, medical-pharmaceutical assistance and social assistance in favor of the widows, children and other relatives of the Spanish deceased as a result of or on the occasion of the last Civil War, points (a) and (c) of Article 1 (2) are amended first, which are worded as follows:

" a) For injuries, disease, or accidental injury originated as a consequence of war.

c) As a result of political and union actions or opinions, when a personal and direct causal relationship between the Civil War and death can also be established. "

2. Pensions which are recognised under the provisions of the preceding paragraph shall have economic effects from the first day of the month following the date of entry into force of this Law, where applicable, where appropriate, the rules governing the pension. the expiration of effects on the State Passive Classes Regime.

Article 6. Amount of certain orphan's pensions.

1. The amount of orphan's pensions in favour of non-disabled orphans over the age of twenty-one years caused by non-official staff under the laws 5/1979 of 18 September and 35/1980 of 26 June is set at EUR 132,86. monthly.

2. The orphan's pensions referred to in this Article shall apply to them the system of economic supplements in force and shall experience the revaluations established by the General Budget Laws of the State for each year.

3. The provisions of the two preceding paragraphs shall be of economic effectiveness from the first day of the month following the date of entry into force of this Law, without prejudice to the rules on the expiry of the term of the Classes State passive.

Article 7. Amendment of the scope of the compensation in favour of those who suffered imprisonment as a result of the cases referred to in Law 46/1977 of 15 October of Amnesty.

1. In order to incorporate assumptions on their day excluded from the granting of allowances for periods of stay in prison during the Dictatorship, paragraphs one and two of the additional 18th of Law 4/1990, of 29 of the June of the General Budget of the State for the year 1990, which are worded as follows:

" One. Those who prove to have suffered deprivation of liberty in penitentiary establishments or in Disciplinary Battalions, in any of its modalities, for three or more years, as a result of the cases referred to in Law 46/1977, of 15 In October, the age of sixty years on 31 December 1990, they shall be entitled to receive compensation in accordance with the following scale for a single time:

Three or more years in prison: 6,010.12 €.

For every additional three full years: 1.202.02 €.

Two. If the person causing the right to such compensation was deceased, and by 31 December 1990 he would have been eligible for sixty years of age, the surviving spouse, who is a pensioner for such a cause or who, may still be entitled to the same not having this condition, prove to be a widowed spouse of the causative. "

2. A paragraph two bis and a paragraph seven are added to the additional 18th of Law 4/1990, of 29 June of the State Budget with the following wording:

" Two bis. A compensation of € 9,616,18 will be awarded to the surviving spouse of whom, having suffered deprivation of liberty for less than three years as a result of the cases referred to in Law 46/1977 of 15 October, it would have been sentenced by them to death penalty effectively executed and has not been recognized in their favour, for this circumstance, pension or indemnity from one of the public social protection systems. "

" Seven. Those who are entitled to the benefits laid down in paragraphs 1 and 2 above, whether the persons themselves or their surviving spouses or their widow's or their spouse, shall be required to apply them expressly to the abovementioned Directorate-General for Personnel Costs and Public Pensions. "

Article 8. Taxation of the Income Tax of the Physical Persons of the Indemnities in favor of those who suffered deprivation of liberty as a result of the cases referred to in Law 46/1977, of 15 October, of Amnesty.

With effect from January 1, 2005, a new letter (u) is added to Article 7 of the recast text of the Law on the Income Tax of the Physical Persons, approved by the Royal Legislative Decree of March 5, which it will be worded as follows:

" (u) The indemnities provided for in the legislation of the State and the Autonomous Communities to compensate for the deprivation of liberty in penitentiary establishments as a result of the assumptions mentioned in the Law 46/1977, dated October 15, Amnesty. "

Article 9. Aid to compensate for the tax burden of compensation received since 1 January 1999 for deprivation of liberty as a result of the cases referred to in Amnesty Law 46/1977 of 15 October 1977.

1. Persons who had received compensation under the legislation of the State and the Autonomous Communities from 1 January 1999 up to the date of entry into force of this Law to compensate for the deprivation of liberty in penitentiary establishments as a result of the cases referred to in Law 46/1977, of 15 October, of Amnesty, may request, in the form and deadlines to be determined, the payment of a quantified aid in 15% of the amounts which, for that purpose, would have been entered in the income tax return of the Natural Persons for each of those tax periods.

2. If the persons referred to in paragraph 1 have passed away, the right to the aid shall be for their heirs, who may apply for it.

3. Any aid received under this Article shall be exempt from the Income Tax of the Physical Persons.

4. The Order of the Minister for Economic Affairs and Finance shall determine the procedure, the conditions for obtaining it and the body responsible for the recognition and payment of this aid.

Article 10. Recognition in favour of persons who died in defence of democracy during the period from 1 January 1968 to 6 October 1977.

1. In the light of the exceptional circumstances in which they died, the right to compensation of up to € 135,000 was granted to the beneficiaries of those who died during the period from 1 January 1968 to 1 January 1968. and on October 6, 1977, in defense and vindication of democratic freedoms and rights.

2. The children and the spouse of the deceased shall be the beneficiaries of the compensation referred to in the first paragraph of this Article, if they are not legally separated or in the process of separation or marriage annulment, or the person who has (a) he has been living with her on a permanent basis with a similar relationship of affectivity to that of the spouse during at least the two years immediately preceding the date of death, unless they have had offspring in common, in which case Mere coexistence will suffice.

Subsidiarily, if the above does not exist, the parents, grandchildren, siblings of the deceased person and the children of the living person will be beneficiaries, by successive and exclusive order, when they are economically dependent. of the deceased.

Where the concurrence of a number of persons belonging to a group of those entitled to compensation occurs, the maximum total amount shall be divided equally between all those entitled to the allowance. condition, except where the spouse or person with similar affective relationship and the children of the deceased are present, in which case the aid shall be distributed to 50% between the spouse or the person with a similar affectivity relationship and the whole of the children.

3. The compensation shall be paid provided that no compensation or any financial compensation has been received for the same facts or, having received, is less than the amount determined in this Article.

4. The Government, by means of Royal Decree, will determine the conditions and the procedure for granting the compensation provided for in this article.

5. The beneficiaries of the compensation provided for in this Article shall have one year, from the date of entry into force of the Royal Decree referred to in the preceding paragraph, to submit their application to the Commission in the mentioned.

Article 11. Collaboration of public administrations with individuals for the location and identification of victims.

1. Public administrations, within the framework of their powers, shall provide the direct descendants of the victims who so request the activities of inquiry, location and identification of the persons who are violently disappeared during the The Civil War or the subsequent political repression and whose whereabouts are ignored. The provisions of the preceding paragraph may apply in respect of entities which, formed before 1 June 2004, include the development of such activities between their ends.

2. The General Administration of the State shall draw up work plans and establish grants to cover expenses arising from the activities referred to in this Article.

Article 12. Measures for the identification and location of victims.

1. The Government, in collaboration with all public administrations, will develop a protocol for scientific and multidisciplinary action to ensure institutional collaboration and adequate intervention in exhumations. It will also conclude the appropriate collaboration agreements to support the social entities involved in the work.

2. Public administrations shall draw up and make available to all interested parties, within their respective territorial scope, maps showing the grounds on which the remains of the persons referred to in the Article above, including all available supplemental information about them.

The government will determine the procedure and draw up an integrated map comprising the entire Spanish territory, which will be accessible to all interested citizens and to which the data to be transmitted will be incorporated. for the various competent public administrations.

The areas included in the maps will be the subject of special preservation by their owners, in terms of their regulations. The competent public authorities shall also take measures aimed at their proper preservation.

Article 13. Administrative authorisations for location and identification activities.

1. The competent public authorities shall authorise the tasks of prospecting for the location of the remains of the victims referred to in Article 11 (1), in accordance with the rules on historical heritage and the protocol of action to be approved by the government. The findings shall be immediately brought to the attention of the competent administrative and judicial authorities.

2. Public administrations shall, in the exercise of their powers, lay down the procedure and the conditions under which the direct descendants of the victims referred to in Article 11 (1) or the entities acting on their behalf, can recover the remains buried in the corresponding graves, for identification and eventual transfer to another place.

3. In any event, the exhumation shall be subject to administrative authorization by the competent authority, in which the existence of opposition by any of the direct descendants of the persons whose remains must be considered shall be weighted. moved. For such purposes, and prior to the relevant decision, the competent administration shall give adequate publicity to the applications submitted, in any event the existence of the General Administration of the State for its existence. inclusion in the map referred to in the first paragraph of the previous article.

4. The remains that have been moved and are not claimed will be buried in the cemetery corresponding to the municipal term in which they will be found.

Article 14. Access to sites affected by location and identification work.

1. The implementation of the location and eventual identification or transfer of the remains of the persons referred to in Article 13 (1) is in the interests of public benefit and social interest for the purposes of enabling, in their In accordance with Articles 108 to 119 of the Law on Forced Expropriation, the temporary occupation of the land where they are to be carried out.

2. For the activities specified in the previous paragraph, the competent authorities shall, unless justified in the public interest, authorise the temporary occupation of the land of public ownership.

3. In the case of land of private ownership, the descendants, or the organisations legitimated in accordance with the preceding paragraph, shall seek the consent of the rightholders concerned on the grounds on which they are held. remains. If such consent is not obtained, the public authorities may authorise the temporary occupation, subject to the hearing of the rightholders concerned, taking account of their claims, and fixing the corresponding compensation. by the occupants.

Article 15. Symbols and public monuments.

1. Public administrations shall, in the exercise of their powers, take appropriate measures for the removal of shields, insignia, plates and other objects, or commemorative particulars of exaltation, personal or collective, of the military uprising, The Civil War and the repression of the Dictatorship. Such measures may include the withdrawal of grants or public aid.

2. The provisions of the preceding paragraph shall not apply where the particulars are of strict private memory, without exaltation of the opposing parties, or when artistic, architectural or artistic-religious reasons are protected by law.

3. The Government will collaborate with the Autonomous Communities and Local Entities in the elaboration of a catalogue of vestiges relating to the Civil War and the Dictatorship for the purposes set out in the previous section.

4. Public administrations may withdraw grants or aid to private owners who do not act as provided for in paragraph 1 of this Article.

Article 16. Valley of the Fallen.

1. The Valley of the Fallen shall be strictly governed by the rules applicable in general to places of worship and public cemeteries.

2. Nowhere in the enclosure can acts of a political nature or exalters of the Civil War, of its protagonists, or of Francoism be carried out.

Article 17. Buildings and works carried out through forced labour.

The Government, in collaboration with the other public administrations, will produce a census of buildings and works by members of the Disciplinary Battalions of Workers, as well as by prisoners in camps. The concentration, Batallons of Workers and prisoners in Militarized Prison Colonies.

Article 18. Granting of Spanish nationality to the volunteers of the International Brigades.

1. In order to make cash the right granted by Royal Decree 39/1996 of 19 January to the volunteers of the International Brigades who took part in the Civil War from 1936 to 1939, the demand for the waives their former nationality as required by Article 23 (b) of the Civil Code in respect of the acquisition by letter of the nature of the Spanish nationality.

2. By means of Royal Decree approved by the Council of Ministers, the requirements and the procedure to be followed for the acquisition of Spanish nationality by the persons mentioned in the previous paragraph will be determined.

Article 19. Recognition of victims ' associations.

The work of the associations, foundations and organizations that have stood out in the defense of the dignity of all victims of the political violence referred to in this Law is recognized. The Government may grant, by way of Royal Decree, any distinctions it deems appropriate to those entities.

Article 20. Creation of the Documentary Center of Historical Memory and General Archive of the Civil War.

1. In accordance with the provisions of Law 21/2005 of 17 November, the Documentary Center of Historical Memory, based in the city of Salamanca, is constituted.

2. They are functions of the Documentary Center of Historical Memory:

a) Maintain and develop the General Archive of the Spanish Civil War created by Royal Decree 426/1999, of March 12. To this end, and by means of the procedure to be determined, all the original documents or reliable copies of the same referring to the Civil War of 1936-1939 and the subsequent political repression shall be integrated into this Archive. In the case of museums, libraries or state-owned archives, a digitised copy of these documents will be available. The General Administration of the State will also proceed to the collection of the relevant oral testimony related to the historical period for its remission and integration in the General Archive.

b) Recover, gather, organize and make available to interested parties the documentary funds and secondary sources that may be of interest to the study of the Civil War, the Franco Dictatorship, the resistance Guerrilla against her, the exile, the internment of Spaniards in concentration camps during the Second World War and the transition.

c) Foster historical research on Civil War, Francoism, Exile and Transition, and contribute to the dissemination of their results.

d) Promote the dissemination of the Centre's funds, and facilitate the active participation of users and their representative organisations.

e) To grant aid to researchers, through awards and scholarships, to continue developing their academic and research work on the Civil War and Dictatorship.

f) Reunite and make available to stakeholders information and documentation on similar processes in other countries.

3. The structure and operation of the Historical Memory Documentary Center will be established by Royal Decree agreed upon in the Council of Ministers.

Article 21. Acquisition and protection of documents on the Civil War and Dictatorship.

1. The General Administration of the State shall approve, on an annual basis and with the allocation that in each case will be established in the General Budget of the State, a program of agreements for the acquisition of documents related to the Civil War or the subsequent political repression in public or private archives, national or foreign, whether in the original version or through any instrument that allows the archiving, knowledge or reproduction of words, data or figures with fidelity to the original. The aforementioned documentary funds will be incorporated into the General Archive of the Spanish Civil War.

2. In accordance with the provisions of Law 16/1985 of 25 June of the Spanish Historical Heritage, the working documents in private and public archives relating to the Civil War and the Dictatorship are declared as constituting the Documentary and Bibliographic, without prejudice to the provisions of Article 22.

Article 22. Right of access to public and private file funds.

1. For the purposes of this Law, the right of access to the documentary funds deposited in the public archives and the obtaining of the copies that are requested is guaranteed.

2. The provisions of the previous paragraph shall apply, on their own terms, to private files which are, in whole or in part, supported by public funds.

3. The public authorities shall take the necessary measures for the protection, integrity and cataloguing of these documents, in particular in cases of further deterioration or risk of degradation.

Additional disposition first. Adaptation of the General Archive of the Spanish Civil War.

The Government is authorized to carry out the necessary actions in order to organize and restructure the General Archive of the Spanish Civil War.

Additional provision second.

The provisions contained in this Law are compatible with the exercise of the actions and access to the ordinary and extraordinary judicial procedures established in the laws or treaties and conventions. International subscribed by Spain.

Additional provision third. Institutional framework.

Within one year of the entry into force of this Law, the Government will establish the institutional framework that will promote public policies regarding the conservation and promotion of democratic memory.

Additional provision fourth. Enabling the Government to recognise extraordinary compensation.

1. The Government is authorized to determine, within six months, by Royal Decree, the scope, conditions and procedure for granting extraordinary compensation to those who have suffered incapacitating injuries by facts and in the circumstances and under the conditions referred to in Article 10 (1) of this Law.

2. The compensation provided for in this provision shall be recognised provided that no compensation or economic compensation has been received from any of the public social protection systems for the same facts.

3. The compensation provided for in this provision shall be paid directly to the disabled and shall be non-transferable.

Additional provision fifth.

For the purposes of the application of Law 37/1984, of October 22, the staff of the Merchant Navy that was incorporated into the Republican Army since July 18, 1936 will be considered included in the Decree of 13 March 1937 The Decree of 12 June 1937, which applied the previous one, fixing the income and escalations in the said reservation and the circular order of 10 October 1937, which approved the regulation of the aforementioned The development of the above. The corresponding pension shall be paid on condition that, for the same reason, no financial compensation has been received, or, having received, is less than the amount determined in the abovementioned provisions.

Additional provision sixth.

The management foundation of the Valley of the Fallen will include among its objectives to honor and rehabilitate the memory of all the people who died as a result of the Civil War of 1936-1939 and of the political repression that followed with object of deepening the knowledge of this historical period and of the constitutional values. It will also promote the aspirations of reconciliation and coexistence in our society. This is in full compliance with the provisions of Article 16.

Additional provision seventh. Acquisition of Spanish nationality.

1. Persons whose father or mother would have originally been Spanish may choose the Spanish nationality of origin if they formalise their declaration within two years of the entry into force of this Additional Provision. This period may be extended by agreement of the Council of Ministers up to a one-year limit.

2. This right will also be recognized to the grandchildren of those who lost or had to renounce Spanish nationality as a result of exile.

Additional disposition octave. Access to the consultation of the records of the records of Civil Records.

The Government, through the Ministry of Justice, as soon as it is necessary to comply with the provisions of this Law, will dictate the necessary provisions to facilitate access to the consultation of the books of the depfunctions of the Civil Records dependent on the General Directorate of the Registers and the Notary.

Repeal provision.

In accordance with the provisions of point 3 of the Repeal Provision of the Constitution, the War Bando of 28 July 1936, of the National Defense Board approved by Decree number, is expressly repealed. 79, the Bando of 31 August 1936 and, in particular, the Decree of General Franco, number 55, of 1 November 1936: the State Security Laws of 12 July 1940 and 29 March 1941, of reform of the Criminal Code for the the security of the State; the Law of March 2, 1943, to modify the crime of Military Rebellion; the Decree-Law of 18 April 1947 on Military and Bandiage and Terrorism and Law 42/1971 and 44/1971 on the Reform of the Code of Military Justice; the Laws of 9 February 1939 and 19 February 1942 on Political Responsibilities and the Law of 1 March 1940 on the repression of Freemasonry and Communism, the Law of 30 July 1959, of Public Order and Law 15/1963, the creator of the Tribunal of Public Order.

Final disposition first. Enablement for development.

The Government and its members are enabled, within the scope of their respective competences, to dictate how many provisions are necessary for the development and implementation of what is established in this Law.

Final disposition second. Entry into force.

This Law shall enter into force on the day following that of its publication in the Official Gazette of the State, with the exception of the Seventh Additional Disposition to be published in the year of its publication.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, December 26, 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO