LAW 48/1984, OF 26 DECEMBER, REGULATING THE OBJECTION OF CONSCIENCE AND THE REPLACEMENT SOCIAL PROVISION, ESTABLISHES THE LEGAL SYSTEM OF THE RIGHT RECOGNIZED IN ARTICLE 30 OF THE SPANISH CONSTITUTION. IN THIS SYSTEM, TWO ASPECTS CAN BE DISTINGUISHED: THE RECOGNITION OF THE CONDITION OF CONSCIENTIOUS OBJECTOR AND THE ONE CORRESPONDING TO THE SOCIAL SERVICE REPLACEMENT OF THE MILITARY SERVICE OF WHICH THE OBJECTORS HAVE BEEN RECOGNIZED.

OF THESE TWO ASPECTS, THE REFERENCE TO THE RECOGNITION OF THE CONDITION OF CONSCIENTIOUS OBJECTOR IS THE ONE THAT REQUIRES AN IMMEDIATE IMPLEMENTATION, FOR WHICH IT BECOMES NECESSARY THE APPROPRIATE REGULATORY DEVELOPMENT THAT ORDERS THE DISPOSITIONER OF THE AFOREMENTIONED LAW AND WHICH HAS ITS EXPRESSION IN THE PRESENT ROYAL DECREE.

WITH THIS REAL DECREE THE NECESSARY RULES FOR THE CONSTITUTION OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION ARE APPROVED, AS WELL AS THE PRECISE RULES FOR ITS OPERATION. REGULATION OF THE REQUIREMENTS, FORMALITIES AND EFFECTS OF APPLICATIONS FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR IS ALSO COMPLETED.

IN ITS VIRTUE, ON THE PROPOSAL OF THE MINISTER OF THE PRESIDENCY AND THE MINISTER OF JUSTICE, IN AGREEMENT WITH THE COUNCIL OF STATE AND AFTER DELIBERATION OF THE COUNCIL OF MINISTERS AT ITS MEETING OF 24 APRIL 1985, I HAVE:

ARTICLE 1. THE REGULATION OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION AND OF THE PROCEDURE FOR THE RECOGNITION OF THE STATUS OF CONSCIENTIOUS OBJECTOR, IN THE DEVELOPMENT AND IMPLEMENTATION OF LAW 48/1984 OF 26 DECEMBER, THE TEXT OF WHICH IS INSERTED CONTINUATION.

ART. 2. THE MINISTER OF THE PRESIDENCY IS HEREBY AUTHORISED TO LAY DOWN THE PROVISIONS NECESSARY FOR THE DEVELOPMENT AND IMPLEMENTATION OF THE PROVISIONS OF THE ACCOMPANYING REGULATION.

ART. 3. THIS ROYAL DECREE AND THE ACCOMPANYING REGULATION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING THAT OF THEIR PUBLICATION IN THE "OFFICIAL STATE BULLETIN".

DADO IN MADRID, APRIL 24, 1985. -JUAN CARLOS R.-THE MINISTER OF THE PRESIDENCY, JAVIER OSSO DEL PRADO, AND MUNOZ.

NATIONAL COUNCIL REGULATION OF CONSCIENTIOUS OBJECTION AND PROCEDURE FOR RECOGNITION OF THE CONDITION OF CONSCIENTIOUS OBJECTOR

CHAPTER FIRST

THE NATIONAL CONSCIENTIOUS OBJECTION COUNCIL

ARTICLE 1. THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION, SET UP IN THE MINISTRY OF THE PRESIDENCY, IS THE BODY RESPONSIBLE FOR THE RECOGNITION OF CONSCIENTIOUS OBJECTORS, SOLVING REQUESTS THAT ARE PRESENTED TO IT, AS WELL AS FOR EXERCISE THE OTHER FUNCTIONS CONFERRED ON HIM BY LAW 48/1984 OF 26 DECEMBER.

ART. 2. ONE. THE APPOINTMENT OF THE PRESIDENT OF THE COUNCIL CORRESPONDS TO THE GOVERNMENT ' S PROPOSAL OF THE MINISTER OF THE PRESIDENCY. THE GENERAL COUNCIL OF THE JUDICIARY SHALL INFORM IN ADVANCE OF SUCH A PROPOSAL.

TWO. THE MINISTERS OF JUSTICE AND DEFENCE SHALL EACH APPOINT A MEMBER OF THE COUNCIL, WHOSE APPOINTMENT SHALL BE MADE BY LAWYERS WITH APPROPRIATE PROFESSIONAL EXPERIENCE.

THREE. THE MINISTER OF THE PRESIDENCY SHALL APPOINT THE VOWEL SECRETARY AND THE VOCAL OBJECTOR OF CONSCIENCE.

THE SECRETARY SHALL BE THE HEAD OF THE SECRETARIAT OF THE COUNCIL, COMPOSED OF THE MINISTRY OF THE PRESIDENCY.

THE CONSCIENTIOUS OBJECTOR SHALL BE APPOINTED FROM AMONG THOSE WHO HAVE COMPLETED THE ACTIVITY PHASE OF THE REPLACEMENT SOCIAL BENEFIT.

FOUR. THE EESC ' S APPOINTMENTS TO THE COUNCIL ARE THE SAME AS THE COMPETENT BODIES FOR THEIR APPOINTMENT.

FIVE. THE MEMBERS OF THE COUNCIL WHO HAVE THE STATUS OF OFFICIAL SHALL BE ASSIGNED TO MADRID, AND THEIR APPOINTMENT AS MEMBERS OF THE COUNCIL SHALL NOT AFFECT THEIR ADMINISTRATIVE SITUATION. FOR THE PURPOSE OF ATTENDING COUNCIL MEETINGS, THEY SHALL BE ENTITLED TO COMPENSATION FOR A SERVICE WHICH LAYS DOWN THE RULES APPLICABLE TO THEM. MEMBERS WHO DO NOT HAVE THE STATUS OF OFFICIAL SHALL BE ENTITLED TO A SMALL EQUIVALENT ECONOMIC PERCEPTION.

ART. 3. CORRESPONDS TO THE PRESIDENT OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION:

1. SHOW THE REPRESENTATION OF THE COUNCIL.

2. CONVENE AND CHAIR THE SESSIONS.

3. SET THE ORDER OF THE DAY.

4. TO SUBMIT TO THE COUNCIL REGULAR REPORTS ON THE PRACTICAL IMPLEMENTATION OF THE REPLACEMENT SOCIAL BENEFIT SCHEME.

5. THE OTHER FUNCTIONS ASSIGNED TO IT BY THE COUNCIL.

ART. 4. CORRESPONDS TO THE HOLDER OF THE SECRETARIAT OF THE NATIONAL COUNCIL FOR AWARENESS:

1. PREPARE THE REPORTS ON MATTERS TO BE SUBMITTED TO THE COUNCIL ' S DELIBERATION AND DECISION.

2. TAKE UP THE MINUTES OF THE MEETINGS AND ISSUE THE COUNCIL ' S CERTIFICATIONS.

3. ASSISTING THE PRESIDENT WITH REGARD TO THE FUNCTIONING OF THE COUNCIL.

4. ACTING AS HEAD OF THE SUPPORT SERVICES TO THE COUNCIL, EXERCISING THE FUNCTIONS OF ECONOMIC AND FINANCIAL MANAGEMENT, ADMINISTRATION AND INTERNAL ARRANGEMENTS.

5. HOW MANY OTHER FUNCTIONS ARE ASSIGNED TO YOU BY THE COUNCIL OR ITS PRESIDENT.

CHAPTER SECOND

OF THE PROCEDURE FOR AWARENESS OF CONSCIENTIOUS OBJECTOR CONDITION

ART. 5. ONE. THE APPLICATION FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR SHALL BE ADDRESSED TO THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION AND MAY BE FILED IN ITS REGISTER OR IN ANY OF THE OFFICES REFERRED TO IN ARTICLE 66 OF THE PROCEDURE ADMINISTRATIVE.

TWO. THE REQUEST MUST CONTAIN:

(A) THE PERSONAL DATA OF THE APPLICANT: NAME, SURNAME, MARITAL STATUS, AGE, NEIGHBOURHOOD, ADDRESS, NUMBER OF THE NATIONAL IDENTITY CARD OR PASSPORT.

B) THE MILITARY SITUATION OF THE APPLICANT, WITH THE EXPRESSION OF THE RECRUITMENT BODY TO WHICH IT IS ATTACHED OR OF THE COUNCIL OR CONSULAR POST IN WHICH IT IS TO CARRY OUT THE REGISTRATION OF ENLISTMENT.

C) THE DETAILED EXPOSITION OF THE GROUNDS OF CONSCIENCE BY REASON OF A CONVICTION OF RELIGIOUS, ETHICAL, MORAL, HUMANITARIAN OR PHILOSOPHICAL ORDER OR OTHER OF THE SAME NATURE AS THE APPLICATION FOR RECOGNITION OF THE CONDITION OF CONSCIENTIOUS OBJECTOR AND CONSEQUENT EXEMPTION FROM MILITARY SERVICE.

(D) THE APPLICANT ' S EMPLOYMENT OR PROFESSIONAL OCCUPATION, THE ACADEMIC OR PROFESSIONAL QUALIFICATIONS HE OR SHE HAS AND IN GENERAL, HOW MUCH KNOWLEDGE AND SKILLS ARE RELEVANT TO HIS ASSIGNMENT TO A PARTICULAR SECTOR OF THE SOCIAL BENEFIT REPLACEMENT.

E) THE SECTOR IN WHICH YOU PREFER TO PERFORM THE REPLACEMENT SOCIAL BENEFIT.

THREE. THE APPLICANT MAY ALSO RECORD HIS OR HER FAMILY OBLIGATIONS AND ANY OTHER CIRCUMSTANCES WHICH MAY BE RELEVANT TO THE DETERMINATION OF THE PLACE AND THE WAY IN WHICH THE REPLACEMENT SOCIAL BENEFIT IS CARRIED OUT.

EQUALLY, IT MAY PROVIDE AS MANY DOCUMENTS AS IT CONSIDERS RELEVANT IN ORDER TO ACCREDIT THE STATEMENTS AND THE ALLEGED DATA.

ART. 6. THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION MAY SEEK FROM THE PERSONS CONCERNED WHICH, IN WRITING OR ORALLY, EXTEND THE REASONING SET OUT IN THE APPLICATION. IT MAY ALSO REQUIRE APPLICANTS OR OTHER PERSONS, BODIES OR INSTITUTIONS TO PROVIDE ADDITIONAL DOCUMENTATION OR EVIDENCE WHICH IS RELEVANT TO THE RECOGNITION AS A CONSCIENTIOUS OBJECTOR.

ART 7. ONE. THE APPLICATION FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR MAY BE SUBMITTED FROM THE LAST QUARTER OF THE YEAR IN WHICH THE SEVENTEEN YEARS OF AGE ARE FULFILLED AND UNTIL THE TIME WHEN THE MILITARY SERVICE IS INCORPORATED INTO THE RANKS. IT MAY ALSO BE SUBMITTED AFTER THE END OF THE PROCEDURE, AS LONG AS THE RESERVE SITUATION REMAINS.

TWO. WHERE THE APPLICATION IS LODGED AT LEAST TWO MONTHS IN ADVANCE OF THE DATE INDICATED FOR THE ENTRY INTO SERVICE OF THE MILITARY SERVICE IN ROWS, IT SHALL SUSPEND SUCH INCORPORATION UNTIL THE FINAL DECISION OF THE NATIONAL COUNCIL OF OBJECTION HAS BEEN TAKEN. AWARENESS, OR WHERE APPROPRIATE, OF THE RELEVANT COURTS.

THREE. WHERE THE APPLICATION IS SUBMITTED AFTER THE PERIOD SPECIFIED IN THE PRECEDING NUMBER, THE APPLICATION SHALL NOT SUSPEND THE APPLICATION OF THE APPLICANT.

ART. 8. SIX MONTHS AFTER THE SUBMISSION OF AN APPLICATION WITHOUT A RESOLUTION, THE APPLICATION SHALL BE DEEMED TO HAVE BEEN GRANTED.

ART. 9. ONE. THE MEMBERS OF THE COUNCIL SHALL VOTE ON WHETHER OR NOT THEY HAVE REQUESTED, IN ACCORDANCE WITH THE CONVICTION THAT THEY HAVE FREELY FORMED ON THE BASIS OF THE STATEMENTS, REPORTS, DOCUMENTS AND TESTIMONIES EXAMINED.

TWO. THE MEMBERS OF THE COUNCIL IN THE EXERCISE OF THIS FUNCTION SHALL PROCEED WITH CRITERIA OF IMPARTIALITY AND OBJECTIVITY.

THREE. THE MEMBERS OF THE COUNCIL MAY INDICATE THEIR REASONED OPPOSITION TO THE AGREEMENT ADOPTED BY MEANS OF A SPECIAL VOTE WHICH SHALL BE INCORPORATED IN THE RELEVANT ACT.

ART. 10 THE RESOLUTIONS OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION SHALL BE NOTIFIED IN ACCORDANCE WITH THE PROVISIONS OF THE LAW OF ADMINISTRATIVE PROCEDURE.

ART. 11 AGAINST RESOLUTIONS OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION WHICH REFUSE APPLICATIONS FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR OR WHICH, WITHOUT HAVING RESOLVED ON THE SUBSTANCE, PUT AN END TO THE FILE, MAY BE BROUGHT DIRECTLY ADMINISTRATIVE AND ADMINISTRATIVE ACTION, AS PROVIDED FOR IN ARTICLE 1. OF THE ORGANIC LAW 8/1984, OF 26 DECEMBER, BY WHICH THE SYSTEM OF RESOURCES IS REGULATED IN THE EVENT OF CONSCIENTIOUS OBJECTION AND ARTICLE 6. OF LAW 62/1978 OF 26 DECEMBER 1978 ON THE JUDICIAL PROTECTION OF THE FUNDAMENTAL RIGHTS OF THE PERSON.

ART. 12 THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION SHALL COMMUNICATE TO THE JUDICIAL MILITARY AUTHORITY, THROUGH THE DIRECTORATE-GENERAL OF PERSONNEL OF THE MINISTRY OF DEFENCE:

1. THE DATA OF THE APPLICANTS THAT AFFECT THEIR MILITARY SITUATION.

2. COUNCIL RESOLUTIONS ON APPLICATIONS FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR, AS WELL AS APPLICATIONS WHICH ARE TO BE UNDERSTOOD IN THE COURSE OF THE SIX-MONTH PERIOD SINCE THEIR SUBMISSION.

3. THE ANNOUNCEMENT OF THE INTERPOSITION OF THE RESOURCES THAT THE APPLICANTS PRESENT BEFORE THE JUDICIAL ORGANS OR BEFORE THE CONSTITUTIONAL COURT, WITH INDICATION DESI HAS BEEN PROVIDED, IF NECESSARY, ON THE SUSPENSION OF THE INCORPORATION TO THE MILITARY SERVICE IN FILAS.

4. DECISIONS OF JUDICIAL BODIES OR OF THE CONSTITUTIONAL COURT, WHICH RESOLVE THE PROCEEDINGS, AS WELL AS HOW MANY JUDICIAL DECISIONS ARE TAKEN DURING THE PROCESSING OF THE RELEVANT PROCEDURES AND WHICH MAY RESULT FROM INTEREST FOR THE PURPOSE OF THE MILITARY SITUATION OF THE APPELLANT.

TRANSIENT PROVISIONS

FIRST. PENDING THE APPOINTMENT OF A CONSCIENTIOUS OBJECTOR AMONG THOSE WHO HAVE COMPLETED THE ACTIVITY PHASE OF THE REPLACEMENT SOCIAL BENEFIT, IT IS FOR THE MINISTER OF THE PRESIDENCY TO APPOINT, IN REPLACEMENT OF THE ONE, A VOCAL AMONG THOSE WHO HAD SUBMITTED A REQUEST FOR RECOGNITION AS A CONSCIENTIOUS OBJECTOR. PREFERENCE SHALL BE GIVEN FOR THE DESIGNATION, IF ANY, TO THOSE WHO HAVE EXCEEDED THE INTENDED AGE FOR THE RESERVATION.

SECOND. WITHIN THREE MONTHS OF THE FORMATION OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION AND FOR THE PURPOSE OF LEGALIZING THEIR SITUATION, THEY SHALL SUBMIT THE CORRESPONDING APPLICATION, WHICH SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF THE ARTICLE 5. OF THIS REGULATION:

A) THOSE WHO, UNDER THE PROVISIONS OF ROYAL DECREE 3011/1976 OF 23 DECEMBER, AND BECAUSE OF CONSCIENTIOUS OBJECTION, HAVE REQUESTED EXTENSION OF THE FOURTH CLASS, CASE A).

B) MOZOS, RECRUITS, SOLDIERS AND SAILORS WHO, IN ANY MILITARY SITUATION PENDING CLASSIFICATION, HAVE RAISED CONSCIENTIOUS OBJECTION, AND ARE CURRENTLY IN DEFERRED OPENING OR TEMPORARY LEAVE ON HOLD TO LEGALISE THEIR SITUATION.

FINAL DISPOSITION

THE PROVISIONS OF THE LAW OF ADMINISTRATIVE PROCEDURE SHALL APPLY TO THE PROVISIONS OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION IN THE PRESENT REGULATION ON THE ARRANGEMENTS FOR MEETINGS AND AGREEMENTS OF THE NATIONAL COUNCIL OF CONSCIENTIOUS OBJECTION.