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Royal Decree 593/2015, Of 3 July, Which Regulates The Declaration Of Notorious Roots Of Religious Denominations In Spain.

Original Language Title: Real Decreto 593/2015, de 3 de julio, por el que se regula la declaraciĆ³n de notorio arraigo de las confesiones religiosas en EspaƱa.

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TEXT

The Organic Law 7/1980, of 5 July, of Religious Freedom, in its article 7.1, refers to the declaration of notorious roots in Spain of the Churches, Confessions and Religious Communities inscribed in the Register of the Ministry of Justice.

The procedure for the declaration of notorious rootedness that has been applied was articulated through the intervention and report of the Advisory Commission on Religious Freedom, pursuant to the provisions of Article 8 of the Law Organic 7/1980, July 5, and Article 3.e) of Royal Decree 932/2013, of 29 November, for which the Advisory Commission on Religious Freedom is regulated.

Following the declaration of notorious roots in Spain of Protestantism (1984), Judaism (1984) and Islamic Religion (1989) and the signing of the Cooperation Agreements of the Spanish State with the Federation of Religious Entities Evangelicals of Spain, the Federation of Israeli Communities of Spain and the Islamic Commission of Spain, approved respectively by Law 24, 25 and 26/1992, of November 10, has declared the notorious roots in Spain of the Church of Jesus Christ of the Saints of the Last Days (2003), of the Church of Jehovah's Witnesses (2006), of Buddhism (2007) and the Orthodox Church (2010), which has raised the need for objectifying the conditions for obtaining them.

To this question tries to answer the regulation contained in this royal decree establishing precise requirements to obtain the declaration of notorious roots in Spain and a public procedure with all the guarantees, with the that the margin of discretion of the Administration is reduced and the degree of certainty of the applicants for this declaration is increased.

The declaration of notorious rootedness must include common notes that characterize any church, confession, religious community or federation of the same ones that must be known with prior character from the various groups. religious, but also on the part of society. It must be able to prove that it enjoys a stable and time-accredited presence in Spain through its registration in the Register of Religious Entities, or in some foreign country, but which in any case brings the note of stability and stay in time. Also, the roots must be associated with the active presence in the Spanish society and its implementation in the territory of several autonomous communities and with a representative number of entities and places of worship registered in the Registry of Entities Religious. Similarly, you must have an internal structure and proper representation to your own organization.

The royal decree regulates a procedure to accredit such requirements that it ends with a judicially controllable resolution, which represents an undoubted advance in the guarantees of the applicants. It also regulates the administrative procedure by which the status of notorious rootedness can be lost by substantial modification of the circumstances required to obtain it.

In the drafting of this royal decree, the report of the Assembly of the Advisory Commission on Religious Freedom has been taken into account, so that the religious confessions that are recognized as having a notorious roots in the case have been heard. Spain, the representatives of the General Administration of the State and the vowels of recognized competence in the field of religious freedom that are part of the Commission.

In its virtue, on the proposal of the Minister of Justice, with the prior approval of the Minister of Finance and Public Administrations, according to the Council of State and after deliberation of the Council of Ministers at its meeting of the July 3, 2015,

DISPONGO:

CHAPTER I

General provisions

Article 1. Object.

This royal decree is intended to regulate the procedure for the declaration of the notorious roots of religious confessions in Spain, in accordance with Article 7.1 of the Organic Law 7/1980, of 5 July, of Freedom Religious. It also regulates the procedure by which the declaration of notorious rootedness can be lost by substantial modification of the circumstances required to obtain it.

Article 2. Scope.

This royal decree applies to the Churches, Confessions and Religious Communities, as well as to the Federations thereof, inscribed in the Registry of Religious Entities of the Ministry of Justice.

CHAPTER II

Procedure for the declaration of notorious rootedness in Spain

Article 3. Requirements.

For the declaration of the notorious rootedness in Spain referred to in Article 7.1 of the Organic Law 7/1980 of 5 July, churches, confessions or religious communities must meet the following requirements:

(a) To be registered in the Registry of Religious Entities thirty years, unless the institution has accredited a foreign recognition of at least sixty years of seniority and is registered in the Registry during a period of 15 years.

b) Credit their presence in at least ten autonomous communities and/or cities of Ceuta and Melilla.

c) Having 100 entries or entries in the Register of Religious Entities, between entities and places of worship, or a lower number in the case of entities or places of worship of particular relevance for their activity and number of members.

d) Contar with adequate and sufficient structure and representation for your organization to the effects of the declaration of notorious rootedness.

e) Credit your presence and active participation in Spanish society.

Article 4. Procedure for the declaration of notorious rootedness.

1. The procedure shall be initiated by application of the entity concerned to the holder of the General Secretariat for Relations with Confessions, in which the following data shall be entered:

a) Identification of the requesting entity with indication of its registration number in the Registry of Religious Entities.

b) Identification of legal representatives of the entity.

c) Explanatory notes to the compliance with the requirements mentioned in the previous article.

d) Home for notification purposes.

2. If the applicant entity is part of a federation or a national registered higher body exists, the latter shall be the latter who submits the application.

3. The application, together with the documentation to be accompanied, may be submitted in format and with electronic signature in the Electronic Registry of the Ministry of Justice.

4. The instruction and motion for a resolution of the procedure shall correspond to the General Subdirectorate of Relations with Confessions.

5. If the application does not meet the requirements set out in the previous Article and paragraphs 1 and 2 of this Article, the requesting entity shall be required to provide, within a period of ten days, that the required documents are missing or accompanied, with an indication that, if it does not do so, it shall be given the withdrawal of its request, on the basis of a decision to be made in accordance with Article 42 of Law No 30/1992 of 26 November 1992 on the legal system of public and public administrations. Common Administrative Procedure.

6. The person responsible for the procedure may require the requesting entity to provide the additional information or documentation which it considers necessary to prove that the requirements laid down in this Directive are met. decree.

7. For the purposes of the decision of the procedure, and in accordance with the provisions of Article 3.e of Royal Decree 932/2013 of 29 November 2013, which regulates the Advisory Commission on Religious Freedom, this Advisory Commission will be asked to issue report, which will be mandatory and non-binding.

8. Having instructed the procedure, and immediately before drawing up the motion for a resolution, it shall be made clear to the requesting entity that, within a period of not less than 10 days and not more than 15 days, it may plead and present the documents and justifications that he considers relevant.

If, before the expiration of the deadline, the requesting entity declares its decision not to make claims or to provide new documents or justifications, the procedure shall be carried out.

Article 5. Resolution.

1. The authority responsible for resolving the procedure is the Minister of Justice, by ministerial order. It shall be expressed if it is agreed in accordance with the report of the Advisory Committee on Religious Freedom or if it departs from it. In the first case, the formula will be used "according to the Religious Freedom Advisory Commission"; in the second, the "hearing the Advisory Commission on Religious Freedom".

2. The decision declaring the notorious root of the religious confession in Spain shall be published in the "Official Gazette of the State", without prejudice to the fact that any decision terminating the proceedings is duly notified to the institution. applicant.

3. After the period of six months from the date on which the application has entered into any of the Records of the Ministry of Justice, if the decision has not been given and the judgment has been notified, it shall be deemed to have been Article 43 of Law 30/1992 of 26 November.

4. Against the decision of the procedure, which ends the administrative procedure, the right to replace the Minister of Justice may be brought before the Minister of Justice under the terms laid down in Articles 116 and 117 of Law No 30/1992 of 26 November 1992. or be directly challenged in the context of the administrative-administrative court order in the terms laid down in Article 46 of Law 29/1998 of 13 July, regulating the Administrative-Administrative Jurisdiction.

Article 6. Scope of the statement of notorious rootedness urged by federations.

When the request for a declaration of notorious rootedness has been filed by a federation of churches, confessions or religious communities, the notorious rootedness will be recognized in favor of religion or religious belief, but the the effects of the declaration shall be attributed to those entities that are part of the federation as a guarantor of the continuity of compliance with the requirements for their declaration.

CHAPTER III

Procedure for the loss of the status of notorious rootedness in Spain

Article 7. Loss assumptions.

The loss of the status of notorious rooting in Spain is caused by the substantial modification of one of the circumstances required for obtaining the same as provided for in Article 3 (b), (c), (d) and (e).

Article 8. Procedure for the loss of notorious rootedness.

1. The procedure for the loss of notorious rootedness shall be initiated on its own initiative by the holder of the Directorate-General for International Legal Cooperation and Relations with Confessions.

2. Prior to the initiation of the procedure, a period of prior information may be opened with a hearing to the person concerned, in order to determine the specific circumstances, their scope and whether or not to initiate the procedure. procedure.

In the light of the action, the head of the Directorate General of International Legal Cooperation and Relations with the Confessions may agree to initiate the procedure for the loss of the condition of notorious rootedness in Spain.

3. The instruction and motion for a resolution of the procedure shall correspond to the General Subdirectorate of Relations with Confessions.

4. For the purposes of the decision of the procedure, and in accordance with the provisions of Article 3.e of Royal Decree 932/2013 of 29 November 2013, which regulates the Advisory Commission on Religious Freedom, this Advisory Commission will be asked to issue report, which will be mandatory and non-binding.

5. Having instructed the procedure, and immediately before drawing up the motion for a resolution, it shall be made clear to the requesting entity that, within a period of not less than 10 days and not more than 15 days, it may plead and present the documents and justifications that he considers relevant.

If, before the expiration of the deadline, the requesting entity declares its decision not to make claims or to provide new documents or justifications, the procedure shall be carried out.

Article 9. Resolution.

1. The authority responsible for resolving the procedure is the Minister of Justice, by ministerial order. It shall be expressed if it is agreed in accordance with the report of the Advisory Committee on Religious Freedom or if it departs from it. In the first case, the formula will be used "according to the Religious Freedom Advisory Commission"; in the second, the "hearing the Advisory Commission on Religious Freedom".

2. The decision declaring the loss of the notorious religious confession in Spain shall be published in the Official Gazette of the State, without prejudice to the fact that any decision terminating the proceedings is duly notified to the Commission. interested entity.

3. After the expiry of the period of six months from the date on which the initiation of the procedure was agreed, the procedure shall be terminated without having been given and notified of the decision. The decision declaring the expiry shall order the file of the proceedings, with the effects provided for in Article 92 of Law No 30/1992 of 26 November.

4. Against the decision of the procedure, which ends the administrative procedure, the right to replace the Minister of Justice may be brought before the Minister of Justice under the terms laid down in Articles 116 and 117 of Law No 30/1992 of 26 November 1992. or be directly challenged before the judicial-administrative court order in the terms laid down in Article 46 of Law 29/1998 of 13 July.

Article 10. Extent of the loss of notorious rootedness.

When the request for a declaration of notorious rootedness had been filed by a federation of churches, confessions or religious communities, the declaration of loss of the notorious rootedness will be extended to religion or belief. religious, and the effects derived from the declaration will be attributed to those entities that are part of the federation.

Single additional disposition. Communication and electronic advertising.

In order to comply with Law 11/2007, of June 22, of electronic access of citizens to public services, in the application of notorious rootedness as well as in the processing of the procedure will be promoted the use of the electronic means provided therein.

Single transient arrangement. Regime applicable to pending applications.

The requests for the declaration of notorious roots in Spain that were pending at the date of entry into force of this royal decree will be governed by the procedure in force at the time of its commencement.

Final disposition first. Supplementary rules

The provisions of Law 30/1992, of November 26, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure will be applied in an extra way to the provisions of this royal decree.

Final disposition second. Competence title.

This royal decree is issued under the provisions of Article 149.1.1. of the Constitution, which attributes to the State exclusive competence over the regulation of basic conditions that guarantee the equality of all in the exercise of their rights and in the fulfilment of constitutional duties.

Final disposition third. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, July 3, 2015.

FELIPE R.

The Minister of Justice,

RAFAEL CATALA POLO