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

I

Since the enactment of the Civil Code in 1889, the legal regulation of nationality, conceived as a political and legal link that links a natural person with his State, has been the subject of successive reforms, motivated, The need to adapt legislation to new realities that have been emerging, and others, since 1978, by the requirement to comply with the mandates of the Spanish Constitution.

In particular, the order contained in Article 42 of the Treaty must be taken into account when it entrusts the State with the task of safeguarding the economic and social rights of Spanish workers in the foreign policy, to which it adds the obligation to guide its policy towards its return. Facilitating the preservation and transmission of Spanish nationality is undoubtedly an effective way of fulfilling this mandate and this is the main objective of this Law.

II

In this sense, the possibility has been introduced in Article 20 that people whose father or mother would have been originally Spanish and born in Spain can opt for Spanish nationality without age limit. In this way, the recommendation contained in the report published in the "Official Journal of the Courts" on 27 February 1998, drawn up by the Subcommittee of the Congress of Deputies, created for the Study of the situation of Spaniards residing abroad and, on the other hand, to the complaints that these have made to the Council of the Emigration asking will be overcome the system of preclusive deadlines of option established successively by Laws 18/1990, 15/1993 and 29/1995.

In the same order of things, Article 24 has been amended to establish a system that would allow for any of the assumptions referred to in paragraph 1 of that article, and before the deadline was met. established in the 2, to prevent the loss which, otherwise, was automatically produced after the deadline set. In line with all this, Article 25 has also been reformed, which has also disappeared from the loss of nationality as a penalty, since it has not already been included in the Penal Code.

In this same vein, the requirement to renounce the previous nationality has been removed from Article 26, since the same one assumed in practice an insurmountable obstacle to the recovery of Spanish nationality. In this way, the requirement contained in point 6 of the motion adopted by the plenary session of the Congress of Deputies on 18 October 2000, on measures to improve, legally and economically, the situation of migrants is addressed. Spanish.

III

On the other hand, it has been considered appropriate to make in the existing texts the technical improvements that the experience accumulated in the application of the same, the legislative activity carried out since its approval or the case law made advisable and that they have an uneven reach.

Thus, the amendment introduced in Article 22.3 is intended to make it clear that residence, for the purpose of serving as a basis for the acquisition of Spanish nationality, must be effective, thus resolving doubts about the how the need for it to be legal was to be interpreted and whether or not the physical residence was understood. On the other hand, the reform is in line with the views of the Supreme Court's judgment of 19 November 1998, which concerns the requirement to reside as proof that there is, in the interests of the person concerned, the desire to integrate into the Spanish community.

Article 26.2 has also disappeared from the prior requirement of the Government's entitlement to the recovery of Spanish nationality when the military service or the replacement civil service has not been complied with.

The additional provision is intended to bring the proceedings concerning Spanish nationality into line with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure, with a maximum period of one year for the resolution of the cases, taking into account the complexity of the proceedings and the administrative silence in the negative sense, taking into account the the harmful effects that the contrary solution would have.

Finally, this Law is dictated by the jurisdiction that exclusively corresponds to the State in accordance with Rule 2. Article 149.1 of the Spanish Constitution.

Single item.

Articles 20, 22, 23, 24, 25 and 26 of the Civil Code will be worded as follows:

" Article 20.

1. They have the right to opt for Spanish nationality:

(a) Persons who are or have been subject to the parental authority of a Spanish.

(b) Those whose father or mother was originally Spanish and born in Spain.

(c) Those referred to in the second paragraph of Articles 17 and 19.

2. The option declaration will be formulated:

(a) By the legal representative of the applicant, less than fourteen years of age or incapacitated. In this case, the option requires authorization from the person in charge of the Civil Registry of the address of the declarant, after obtaining the opinion of the Prosecutor's Office. Such authorisation shall be granted in the interests of the minor or incapable.

b) By the person concerned, assisted by his legal representative, when he is over fourteen years of age or when, even if he is incapacitated, the sentence of incapacitation so permits.

c) By the person concerned, on its own, if it is emancipated or is over eighteen years old. The option will expire at the age of 20, but if the option is not emancipated according to his personal law upon arrival at the age of eighteen, the time limit for opting will be extended until two years after the emancipation.

d) By the person concerned, on its own, within two years of the recovery of full capacity. Except where the right of option has expired under paragraph (c) above.

3. By way of derogation from the preceding paragraph, the exercise of the right of option provided for in paragraph 1 (b) of this Article shall not be subject to any age limit. '

" Article 22.

1. For the granting of nationality by residence it is required that the residence has lasted for ten years.

It will be sufficient five years for those who have obtained refugee status and two years for nationals of origin from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal or from sefardies.

2. One year's residence time will be sufficient for:

(a) He who was born in Spanish territory.

(b) The person who has not exercised the right to opt.

(c) The person who has been legally subject to the protection, keeping or receiving of a Spanish citizen or institution for two consecutive years, even if he continues in this situation at the time of the application.

d) The time of the application I will take a year married to Spanish or Spanish and I will not be separated legally or in fact.

e) The widower or widow of Spanish or Spanish, if at the death of the spouse there was no legal separation or indeed.

f) The born out of Spain of father or mother, grandfather or grandmother, who originally would have been Spanish.

3. In all cases, the residence shall be legal, continuous and immediately prior to the request.

For the purposes of paragraph (d) of the previous paragraph, it is understood that there is legal residence in Spain of the spouse who coexists with a Spanish diplomatic or consular official accredited abroad.

4. The interested party must justify, in the case covered by the legislation of the Civil Registry, good civic conduct and sufficient degree of integration in the Spanish society.

5. The granting or refusal of nationality by residence leaves the judicial-administrative court safe.

Article 23.

Are common requirements for the validity of the acquisition of Spanish nationality by option, letter of nature or residence:

a) That the eldest of fourteen years and able to lend a statement on whether to swear or promise fidelity to the King and obedience to the Constitution and to the laws.

b) That the same person declares that he or she waives his or her former nationality. The natural persons of countries referred to in Article 24 (1) shall be subject to this requirement.

c) That the acquisition be registered in the Spanish Civil Registry.

Article 24.

1. The Spanish nationality is lost by the emancipates who, residing habitually abroad, voluntarily acquire another nationality or use only the foreign nationality they have attributed before the emancipation.

The loss will occur after three years, respectively, from the acquisition of foreign nationality or from emancipation. However, the persons concerned may avoid the loss if, within the prescribed period, they declare their wish to retain the Spanish nationality to the person in charge of the Civil Registry.

The acquisition of the nationality of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea or Portugal is not enough to produce, in accordance with this paragraph, the loss of the Spanish nationality of origin.

2. In any case, the Spanish nationality is lost by emancipated Spaniards who expressly renounce it, if they have another nationality and habitually reside abroad.

3. Those who have been born and residing abroad have the Spanish nationality because they are children of the Spanish father or mother, also born abroad, when the laws of the country where they reside attribute the nationality of the same, they will lose, in any case, Spanish nationality if they do not declare their intention to keep it before the person in charge of the Civil Registry within three years, to count from their age or emancipation.

4. The Spanish nationality is not lost, in accordance with the provisions of this precept, if Spain were to be at war.

Article 25.

1. Spaniards who are not of origin will lose their nationality:

(a) Where, for a period of three years, they exclusively use the nationality to which they would have declared to resign when acquiring Spanish nationality.

(b) When they voluntarily enter the service of arms or exercise political office in a foreign State against the express prohibition of the Government.

2. The firm judgment stating that the person concerned has committed false, concealment or fraud in the acquisition of the Spanish nationality results in the nullity of such acquisition, although the effects of such acquisition will not be derived from it. good faith. The action for annulment shall be exercised by the Ministry of Public Prosecutor's office or by virtue of denunciation within the period of 15 years.

Article 26.

1. Anyone who has lost Spanish nationality may recover it by complying with the following requirements:

a) Being a legal resident in Spain. This requirement shall not apply to migrants or to the children of emigrants. In other cases it may be waived by the Minister of Justice when exceptional circumstances are present.

b) To declare before the Civil Registry officer his will to recover the Spanish nationality.

c) Enroll recovery in the Civil Registry.

2. They may not recover or acquire, where appropriate, Spanish nationality without prior authorization granted discretionally by the Government, those who are incourses in any of the cases provided for in the previous article. "

Additional disposition first.

Applications for acquisition by residence and waiver of the legal residence requirement to recover Spanish nationality must be resolved within a maximum of one year after they have entered the body. competent to resolve, after which, without any express resolution, they shall be deemed to be dismissed, in accordance with the provisions of the second provision of the Civil Registry Act.

Additional provision second.

The cause of loss provided for in Article 24.3 of the Civil Code will only apply to those who reach the age of majority or emancipation after the entry into force of this Law.

Single repeal provision.

The provisions of equal or lower rank that are contrary to the provisions of this Law shall be repealed.

Single end disposition.

This Law shall enter into force three months after its publication in the "Official Gazette of the State".

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

Madrid, 8 October 2002.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ