JUAN CARLOS I REY OF SPAIN

To all who present it and understand it.

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

EXPLANATORY STATEMENT

I

The Plan to Fight Crime, presented by the Government on 12 September 2002, provided for a set of actions that included both organisational and legislative measures. Among the latter, a special emphasis was placed on measures aimed at strengthening citizen security, combating domestic violence, and promoting the social integration of foreigners.

This organic law comes to complete the set of legislative measures that serve as a development to this plan and, therefore, it should not be considered in isolation, but in the whole of the government's initiatives to improve the protection of the rights of citizens, especially in the face of attacks on crime.

Achieving these objectives requires addressing a number of reforms in the areas mentioned to achieve an improvement in the legal system, the essential elements of which are set out below.

II

The social reality has shown that one of the main problems to which the criminal legal order has to answer is that of the crime that repeatedly commits its actions, or the same, the Professional crime. There are numerous examples of those who commit small crimes on a large number of occasions, crimes that because of their individual amount do not get a proper criminal response.

This text establishes, first of all, measures aimed at providing an adequate response to those cases where the perpetrators have already been convicted of carrying out criminal activities, through the application of the This is an aggravating factor for the number of crimes committed, in accordance with a criterion already established in our doctrine and in our legal texts.

Therefore, a new aggravating circumstance of recidivism is introduced when the qualification of having been the accused person has been executed for three offences, allowing, in this case, to raise the penalty to a degree. This aggravating circumstance is compatible with the principle of responsibility for the fact, the judge being the one, weighing the magnitude of penalty imposed in the preceding conditions and the number of these, as well as the severity of the injury or the danger to the legal good produced by the new fact, impose, where appropriate, the higher penalty in grade.

On the other hand, measures are taken to improve the application of the criminal response to the habituality of the conduct when the acts of the criminal code committed previously have not yet been tried and condemned. Thus, articles 147, in respect of injuries, 234, regarding theft and 244, with regard to the subtraction of vehicles, establish a penalty for the repetition in the commission of faults, provided that the frequency is that of four behaviors (a) the amount of the sum of the total amount of the total amount of the total amount of the total amount of the financial year of the year in question

III

The phenomenon of domestic violence has a certainly multidisciplinary scope. It is necessary to deal with it with preventive measures, with assistance and social intervention measures in favour of the victim, with incentive measures for the investigation, and also with legislative measures aimed at deterring the victims ' crimes.

For this reason, crimes related to domestic violence have been the subject of this reform of a preferential treatment, so that the criminal type reaches all its manifestations and that its regulation meets its objective in the preventive and repressive aspects.

It has also been consistently and consistently increased its penalty and all behaviors that may affect the protected legal good have been included.

In this line, in the first place, the conduct that is considered in the Penal Code as a lack of injuries, when committed in the domestic sphere, are considered crimes, thus opening the possibility of imposing a penalty of prison and, in any case, the penalty of deprivation of the right to the possession and carrying of weapons.

For this reason, the lack of regulation in Article 617 is technically adjusted.

secondly, with regard to the offences of domestic violence committed with habituality, they are given a better systematic approach, the circle of their victims can be extended, and, in any case, the deprivation of the right to freedom is imposed. possession and carrying of weapons and the possibility of the judge or court of sentencing to agree to the deprivation of the fatherland power, guardianship, curatela, guardian or welcome.

IV

Our legal system provides an adequate response and protection to foreigners legally residing in Spain. However, it is also true that the experience gained from an increasingly important phenomenon requires addressing reforms from a variety of perspectives:

1. The criminal response to non-legally resident foreigners in Spain who commit crimes.

Changes are made to Article 89 (1), (2) and (3), in line with the reform of the Law on the Rights and Freedoms of Foreigners in Spain and their social integration, in order to ensure that the criminal court is able to agree to the substitution of the penalty imposed abroad, which is not legally resident in Spain, which has committed a crime, because of its expulsion. In particular, it is established that, in the case of foreigners who, in addition to not being legally resident in Spain, commit a crime punishable by imprisonment of less than six years, the general rule is the substitution of the penalty for expulsion. If the prison sentence is equal to or greater than six years, once the three-quarters of the sentence or the third degree of prison treatment in Spain comply, it will also be agreed as a general rule, the expulsion.

In this way, greater effectiveness is achieved in the expulsion measure, as we cannot forget that it would be reached in any way through the administrative route, since it is people who do not legally reside in Spain and who have Liquid. In short, it is a question of preventing the penalty and its compliance from becoming forms of permanence in Spain, thus radically breaking the sense of the legal order as a whole.

Article 108 of the Penal Code is reformed in order to establish, in general, the expulsion of non-legally resident foreigners in Spain to replace the security measures applied by the judge or the court as a result of the commission of a crime.

2. The criminal response to new forms of crime that take advantage of the phenomenon of immigration to commit crimes.

The amendment of Articles 318 and 318 bis of the Penal Code (and the necessary technical adaptation to the same ones of 188) are intended to combat the illegal trafficking of persons, which prevents the integration of foreigners into the country of destination.

the European Union has made a remarkable effort in this respect, as the Treaty establishes, among the objectives assigned to the Union, the fight against trafficking in human beings, approximating when the rules of law apply. the criminal law of the Member States. The priority of this action was recalled at the Tampere European Council, and has been set out in the Council's recent initiatives to establish a common European criminal framework for the fight against trafficking in human beings and the fight against terrorism. against illegal immigration.

Our legal system already collected measures to combat this type of crime, carrying out this reform a task of consolidating and perfecting them. The new text contains an important increase in the penalty on this issue, establishing that the illegal trafficking of persons-whether or not they are workers-will be punished with imprisonment of four to eight years. This means that the resulting penalty thresholds fully satisfy the harmonisation objectives contained in the Framework Decision of the Council of the European Union aimed at strengthening the criminal framework for the repression of entry aid, to the circulation and irregular stay.

For the sake of effective protection of people through the prevention of this type of conduct, penalties are aggravated when illegal trafficking, among other cases, endangers the life, health or integrity of the persons. persons, or the victim is underage or incapable.

Finally, the possibility that judges or courts may impose some or some of the measures provided for in Article 129 of the Criminal Code has been included in Article 318.

3. The existence of criminal forms arising from practices contrary to our legal order.

On the other hand, the reform has been raised from the recognition that with the social integration of foreigners in Spain, new realities appear to be the ones that the order must provide adequate response to. Thus, as an equally resenable novelty, the crime of genital mutilation or ablation is typified. This is because the genital mutilation of women and girls is a practice that must be combated with the utmost firmness, without being able at all to be justified for supposedly religious or cultural reasons. This reform had already been put forward in the Courts through a bill that sought to introduce an interpretative clause on the repression of female genital mutilation.

In the current reform article 149 of the Penal Code is amended, expressly mentioning in its new paragraph 2 the genital mutilation, in any of its manifestations, as a binding conduct among the injuries of the Article, punishable by imprisonment of six to 12 years.

In addition, it is anticipated that, if the victim is a minor or incapable, the penalty of special disablement will be applied for the exercise of the parental authority, if the judge considers it appropriate to the interest of the child. On most occasions, it is the direct parents or family members of the victim who are forced to undergo this type of aberrant mutilation, so the special disablement is absolutely necessary to combat these behaviors. and protect the girl from future aggression or abuse.

4. The adequacy of civil institutions to the new cultures that coexist in our country.

With the aim of improving the social integration of immigrants in Spain and of ensuring that they enjoy similar rights to nationals, a reform of the Civil Code on separation and divorce is addressed. to ensure the protection of women in the face of new social realities that appear with the phenomenon of immigration. In particular, it is amended, following the work carried out by the General Coding Commission, Article 107 of the Civil Code to address the problems encountered by certain foreign women, mainly of Muslim origin, who request separation or divorce.

The interest of a person to achieve separation or divorce, as an expression of his personal autonomy, must take precedence over the criterion of the application of national law. And it happens that, in these cases, the application of the common national law of the spouses makes it difficult to access the separation and divorce of certain persons residing in Spain.

To do this, Article 107 of the Civil Code is reformed by establishing that Spanish law will apply when one of the spouses is Spanish or resident in Spain, with preference to the law that is applicable if the latter does not recognised separation or divorce, or did so in a discriminatory manner or contrary to public order.

5. Finally, the adaptation of the Law of Aliens to the existing criminal and procedural reality.

This organic law also reform the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration has already been amended by the Organic Law 8/2000 of 22 December to improve the legal system of entry and stay in the Spanish territory of foreigners.

It is now, through the reform of Article 57 (4) and (7) and Article 62.1, to improve the current regulation on expulsion in order to achieve adequate coordination when simultaneous processing takes place. administrative and criminal procedures.

With the new wording of Article 57 (4), the current text is improved, clarifying that the expulsion, in addition to "in any case", the extinction of any authorization to remain in Spain of which the expelled ", will also involve" the file of any procedure that would have as object the authorization to reside or work in Spain ".

Likewise, this organic law, when modifying article 57.7 of the Organic Law on the Rights and Freedoms of foreigners in Spain and its social integration, tries to address the problems arising from the alleged that foreigners are subject to one or more criminal proceedings. The solution adopted is to provide that when a foreigner is prosecuted or charged with a criminal procedure or is punished with a custodial sentence of less than six years, if there is an expulsion order. duly issued, the expulsion is legally authorized.

The new wording of Article 57.7 establishes a particularly agile and urgent procedure for this.

In it, the governmental authority requests the judicial authorization to carry out the expulsion agreed upon in an administrative file when the foreigner is in a criminal procedure. The deadline for issuing such a judgment is very short, as it will not be possible to pass from the three days.

This ensures the effectiveness of the expulsion order even in the case of a match with criminal proceedings. It also provides for the way to act when several judicial bodies are involved in criminal proceedings against the same foreign citizen.

In this case, as is logical, it is incumbent upon the governmental authority to request the authorization of the expulsion of all such courts.

Finally, this reform also improves the regulation of the judicial resolution that provides for the entry of the foreigner into an internment center. It is a matter of ensuring that the administrative or judicial decisions of expulsion are not without effect because of the impossibility of finding the foreigner.

Article first. Amendment of the Organic Law 10/1995 of 23 November of the Penal Code.

One. Article 23 is amended as follows:

" Article 23.

It is a circumstance that may mitigate or aggravate the liability, according to the nature, the motives and the effects of the offence, to be or have been the aggrieved spouse or person who is or has been linked in a stable way by analogous relationship of affectivity, or being ascending, descending or sibling by nature or adoption of the offender or his or her spouse or survivor. "

Two. Article 66 is amended as follows:

" Article 66.

1. In the application of the penalty, in the case of intentional crimes, the judges or courts shall, according to whether or not there are mitigating or aggravating circumstances, observe the following rules:

1. When only a mitigating circumstance is present, they will apply the penalty in the lower half of the one that sets the law for the crime.

2. When two or more extenuating circumstances are present, or one or more highly qualified, and no aggravating circumstances, they shall apply the lower penalty in one or two degrees to that established by law, attended by the number and entity of the such extenuating circumstances.

3. When only one or two aggravating circumstances are present, they will apply the penalty in the upper half of the one that establishes the law for the crime.

4. When more than two aggravating circumstances are present and no attenuating circumstances, they may apply the higher penalty to that established by the law, in its lower half.

5. When the aggravating circumstance of recidivism is present, with the qualification that the guilty of the crime has been convicted, at least for three offences under the same title of this Code, provided that they are of the same nature, they may apply the higher penalty to that provided for by the law for the offence in question, taking into account the previous convictions, as well as the seriousness of the new offence committed.

The effects of this rule will not be computed against or should be canceled.

6. When no attenuating or aggravating circumstances apply, the penalty established by the law for the offence committed, in the extension that it considers appropriate, shall apply in the attention to the personal circumstances of the offender and to the greater or lesser severity of the fact.

7. When attenuating and aggravating are present, they will be rationally valued and compensated for the individualization of the penalty. In the case of persisting a qualified mitigation basis, the lower penalty shall be applied. If a qualified foundation of aggravation is maintained, they will apply the penalty in their upper half.

8. When judges or courts apply the lower penalty in more than one degree, they can do so in full.

2. In reckless crimes, the judges or courts shall apply the penalties to their prudent arbitration, without being subject to the rules prescribed in the previous paragraph. "

Three. Article 89 (1), (2) and (3) are amended as follows:

" 1. The custodial sentences of less than six years imposed on a foreign non-resident legally in Spain shall be replaced in the judgment by his expulsion from the Spanish territory, unless the judge or tribunal, after hearing the Ministry Prosecutor, exceptionally and in a motivated manner, I appreciated that the nature of the crime justifies the fulfillment of the conviction in a prison in Spain.

Likewise, the judges or courts, at the request of the Prosecutor's Office, will agree in sentencing to the expulsion of the national territory of the foreign national not legally resident in Spain sentenced to imprisonment of six or more years, in the case of access to the third degree of imprisonment or once the three-quarters of the sentence are understood, unless, exceptionally and in a reasoned manner, they appreciate that the nature of the offence justifies compliance with the the conviction in a prison in Spain.

Expulsion will take effect without application of the provisions of Articles 80, 87 and 88 of the Criminal Code.

The expulsion thus agreed will take with you the file of any administrative procedure that would have as object the authorization to reside or work in Spain.

In the assumption that, agreed to the substitution of the custodial sentence for the expulsion, this one could not be carried out, will proceed to the fulfillment of the custodial sentence originally imposed or of the period of pending conviction.

2. The foreigner will not be able to return to Spain within 10 years, counted from the date of his expulsion, and, in any case, as long as he has not prescribed the sentence.

3. The foreign national who will attempt to break a judicial decision on expulsion and prohibition of entry referred to in the previous paragraphs will be returned by the governmental authority, starting to take back the deadline for the prohibition of entry into its integrity. "

Four. Article 108 is amended as follows:

" Article 108.

1. If the person abroad is not legally resident in Spain, the judge or tribunal shall, after hearing the case, agree to the expulsion of the national territory as a substitute for the security measures applicable to it, except that the judge or tribunal, after hearing the Prosecutor's Office, exceptionally and in a reasoned manner, appreciates that the nature of the offence justifies compliance in Spain.

The expulsion thus agreed will take with you the file of any administrative procedure that would have as object the authorization to reside or work in Spain.

In the assumption that, agreed to the replacement of the security measure by the expulsion, it could not take effect, the security measure would be enforced originally imposed.

2. The foreigner will not be able to return to Spain within 10 years, counted from the date of his expulsion.

3. The foreign national who will attempt to break a judicial decision on expulsion and prohibition of entry referred to in the previous paragraphs will be returned by the governmental authority, starting to take back the deadline for the prohibition of entry into its integrity. "

Five. In paragraph 1, a paragraph is added and Article 147 (2) is amended, with the following wording:

" With the same penalty it will be punished that, within one year, you have made four times the action described in article 617 of this Code.

2. However, the fact described in the preceding paragraph shall be punishable by imprisonment of three to six months or a fine of six to 12 months, where it is of lesser severity, served by the means employed or the result produced. "

Six. Article 149 is amended as follows:

" Article 149.

1. He who will cause another, by any means or procedure, the loss or futility of an organ or principal member, or of a sense, impotence, sterility, a serious deformity, or a serious somatic or psychic disease, will be punished with the prison term of six to 12 years.

2. The one who will cause another genital mutilation in any of his manifestations will be punished with the prison term of six to 12 years. If the victim is less or less incapable, the special disablement penalty for the exercise of the fatherland authority, guardianship, curatelle, guardian or reception shall be applicable for four to 10 years, if the judge considers it appropriate to the interest of the child or unable. "

Seven. Article 153 is amended as follows:

" Article 153.

He who by any means or procedure will cause another psychic impairment or an injury not defined as a crime in this Code, or will strike or mistreat work to another without causing injury, or threaten another in a mild manner with weapons and other dangerous instruments, where in all such cases the offence is one of the persons referred to in Article 173.2, shall be punishable by imprisonment of three months to one year or works for the benefit of the community of 31 to 80 days and, in any case, deprivation of the right to the possession and possession of weapons of one to three years, as well as, when the judge or the court considers it appropriate to the interest of the minor or incapable, special disablement for the exercise of the fatherland power, guardianship, curatelle, guardian or reception for a period of six months to three years.

The penalties shall be imposed in their upper half where the offence is committed in the presence of minors, or using weapons, or takes place at the common address or at the victim's home, or is carried out in breach of a sentence of referred to in Article 48 of this Code or a precautionary or security measure of the same nature. "

Eight. Article 173 is amended as follows:

" Article 173.

1. The one who would inflict degrading treatment on another person, seriously undermining his moral integrity, will be punished with the imprisonment of six months to two years.

2. The person who habitually exercises physical or mental violence on who is or has been his or her spouse or on a person who is or has been linked to him by an analogous relationship of affectivity even without coexistence, or on the descendants, ascendants or Brothers, by nature, adoption or affinity, of their own or of the spouse or of the living, or on the minors or incapable of living with it or who are subject to the power, guardianship, curatelle, cohabitation or de facto guardian of the spouse or living person, or on a person covered by any other relationship that is integrated into the core of his/her coexistence family, as well as people who, due to their special vulnerability, are held in custody or kept in public or private centers, will be punished with the imprisonment of six months to three years, deprivation of the right to tenure and (a) the term of office of a person who is a member of the national court or who is a member of the court of law of the European Union, or who is a member of the European Parliament, or who is a member of the Court of Justice of the European Union, Five years, without prejudice to any penalties which may correspond to the offences or offences in which they were concretized the acts of physical or psychic violence.

The penalties shall be imposed in their upper half when some or some of the acts of violence are perpetrated in the presence of minors, or using weapons, or take place at the common address or at the address of the victim, or (a) to carry out a breach of a penalty of those referred to in Article 48 of this Code or a precautionary or safety measure or a prohibition of the same nature.

3. In order to assess the habituality referred to in the preceding paragraph, the number of acts of violence which are accredited and the temporary proximity thereof shall be considered, irrespective of the fact that such violence has been exercised over the or different victims of those included in this Article, and that the acts of violence have been or have not been the subject of prosecution in earlier proceedings. "

Nine. Article 188 is amended as follows:

" Article 188.

1. The person who determines, employing violence, intimidation or deception, or abusing a situation of superiority or of the need or vulnerability of the victim, the elderly person to practice prostitution or to remain in it, will be punished with the Prison sentences of two to four years and fine of 12 to 24 months. In the same sentence, it will be the case that another person's prostitution is exploited, even with the consent of another person.

2. The corresponding penalties shall be imposed in their upper half, and in addition the sentence of absolute disablement of six to 12 years, to which they carry out the conduct described in the previous paragraph, prevalving their status as an authority, agent of the latter or public official.

3. If such conduct is carried out on a minor or incapable person, to initiate or maintain it in a situation of prostitution, the person responsible shall be charged the higher penalty to the extent to which it corresponds according to the preceding paragraphs.

4. The penalties identified shall be imposed in their respective cases, without prejudice to those which correspond to the sexual assault or abuse committed on the prostituted person. "

Ten. A second paragraph is added to Article 234, which is read as follows:

" With the same penalty it will be punished that within one year it will perform four times the action described in article 623.1 of this Code, provided that the accumulated amount of the infractions is greater than the minimum of the mentioned figure of the offence. "

Once. A second subparagraph is added to Article 244 (1), which is worded as follows:

" With the same penalty it will be punished that within one year, four times the action described in article 623.3 of this Code, provided that the accumulated amount of the infractions is greater than the minimum of the mentioned figure of the offence. "

Twelve. Article 318 is amended, which is worded as follows:

" Article 318.

When the facts provided for in the articles of this title are attributed to legal persons, the administrators or service managers who have been responsible for the same and those who, By knowing them and being able to remedy it, they would not have taken measures to do so. In these cases, the judicial authority may, in addition, decree some or some of the measures provided for in Article 129 of this Code. "

Thirteen. Article 318 a is amended as follows:

" Article 318 bis.

1. The fact that, directly or indirectly, promotes, favors or facilitates the illegal trafficking or illegal immigration of persons from, in transit or destined to Spain, will be punished with the penalty of four to eight years of imprisonment.

2. If the purpose of illegal trafficking or illegal immigration is the sexual exploitation of people, they will be punished with the penalty of five to 10 years in prison.

3. Those who conduct the conduct described in either of the two previous paragraphs for profit or use violence, intimidation, deception, or abuse of a situation of superiority or of special vulnerability of the victim, or A minor victim of age or incapable or endangering the life, health or integrity of persons, will be punished with the penalties in their upper half.

4. In the same penalties as in the previous paragraph, and in addition to the sentence of absolute disablement from six to 12 years, those who perform the facts shall be committed to the condition of their authority, agent or public official.

5. Penalties shall be imposed in excess of those provided for in paragraphs 1 to 4 of this Article, in their respective cases, and special disablement for profession, trade, industry or trade for the time of conviction, where the guilty belonged to an organisation or association, even of a transitional nature, which was devoted to the performance of such activities.

When it comes to the heads, managers or managers of such organizations or associations, they will be subject to the penalty in their upper half, which can be raised to the immediately superior in grade.

In the cases provided for in this paragraph, the judicial authority may also decree some or some of the measures provided for in Article 129 of this Code.

6. The courts, taking into account the seriousness of the fact and its circumstances, the conditions of the culprit and the purpose pursued by it, may impose the lower penalty to a degree than the one indicated. "

Fourteen. Article 515, paragraph 1, is amended and read as follows:

"1.".................................................................

Fifteen. The last subparagraph of Article 617 (2) is repealed.

Article 2. Amendment of the Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration.

One. Article 57 (4) shall have the following

:

" 4. The expulsion shall, in any case, entail the extinction of any authorization to remain in Spain, as well as the file of any procedure that would have the object of the authorization to reside or work in Spain of the expelled foreigner. "

Two. Article 57 (7) shall have the following

:

" 7. (a) Where the alien is prosecuted or indicted in a court proceeding for a crime or a fault for which the law provides for a custodial sentence of less than six years or a penalty of a different nature, and the fact that he is accredited in the administrative file for expulsion, the governmental authority shall submit to the judge who, after hearing the Prosecutor's Office, authorises, as soon as possible and in any event not exceeding three days, his expulsion, unless, in a reasoned manner, appreciate the existence of exceptional circumstances justifying their refusal.

In the event that the foreigner is subject to several criminal proceedings carried out in various courts, and these facts are established in the administrative expulsion file, the governmental authority will urge all the authorisation referred to in the preceding paragraph.

(b) Notwithstanding the foregoing paragraph (a), the judge may authorize, at the request of the person concerned and after hearing the Prosecutor's Office, the departure from the foreign territory of the Spanish territory in the manner determined by the Law of Criminal prosecution.

(c) The forecasts contained in the preceding paragraphs shall not apply in the case of offences defined in Articles 312, 318 a, 515.6. ª, 517 and 518 of the Criminal Code. "

Three. Article 61 (1) is hereby worded as

:

" 1. From the time of the opening of a sanctioning procedure in which the expulsion may be proposed, the instructor may, in order to ensure the final resolution which may be passed on, take any of the following precautionary measures:

a) Regular submission to the competent authorities.

b) Mandatory residence in a given place.

(c) Withdrawal of the passport or certificate of his nationality, after delivery to the person concerned of the proof of such a measure.

(d) Precautionary detention, by the governmental authority or its agents, for a maximum period of 72 hours prior to the request for detention.

In any other alleged detention, the judicial provision shall be made within a period of not more than 72 hours.

(e) Preventive interment, subject to judicial authorisation in detention centres. "

Four. Article 62 (1) shall have the following

:

" 1. The Court of Justice of the European Union, the Court of Justice of the European Union, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice, the Court of Justice and the Court of Justice a competent instruction judge who has his/her entry into a detention centre pending the processing of the sanctioning file, without the need for the removal of the removal order.

The judge, after hearing the person concerned, shall decide by reasoned order, served by the circumstances and, in particular, the fact that he has no domicile or documentation, as well as the existence of a conviction or previous administrative sanctions and other criminal proceedings or pending administrative procedures pending. "

Article 3. Amendment of the Civil Code.

One. The heading of Chapter XI of Title IV of book I of the Civil Code shall be worded as follows:

"Law applicable to nullity, separation and divorce."

Two. The second subparagraph of Article 9 (2) of the Civil Code shall be worded as follows:

"Nullity, separation and divorce shall be governed by the law determining Article 107."

Three. Article 107 of the Civil Code shall be worded as follows:

" Article 107.

1. The nullity of the marriage and its effects shall be determined in accordance with the law applicable to its conclusion.

2. Separation and divorce shall be governed by the common national law of the spouses at the time of the filing of the application; in the absence of a common nationality, by the law of the common habitual residence of the marriage at that time and, in the absence of is, by law of the last common habitual residence of marriage if one of the spouses is still habitually resident in that State.

In any case, Spanish law will apply when one of the spouses is Spanish or habitually resident in Spain:

a) If none of the above mentioned laws are applicable.

(b) If the separation or divorce is requested by both spouses or by one with the consent of the other party in the application filed before the Spanish court.

(c) If the laws referred to in the first paragraph of this paragraph do not recognize separation or divorce or do so in a discriminatory manner or contrary to public order. "

Final disposition first. Character of this law.

The third article of this law is of an ordinary nature and is dictated by the exclusive competence of the State in matters of civil law, in accordance with Article 149.1.8. of the Constitution.

Final disposition second. Entry into force.

This organic law shall enter into force on the day following that of its publication in the "Official State Gazette".

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

Madrid, 29 September 2003.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ