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 declaración de notorio arraigo de las confesiones religiosas en España.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-8642

The organic law 7/1980 of 5 July, religious freedom, in their article 7.1, referred to the statement of notorious roots in Spain of churches, denominations and religious communities registered in the registry of the Ministry of Justice.

The procedure for the Declaration of notorious rooting has been applied is articulated through the intervention and report of the Advisory Committee on religious freedom, pursuant to article 8 of the organic law 7/1980, July 5, and the article 3.e) of Royal Decree 932/2013, of 29 November, which regulates the Advisory Commission on religious freedom.

After the statement of notorious roots in Spain of the Protestantism (1984), the Judaism (1984) and of it Religion Islamic (1989) and the signature of them agreements of cooperation of the State Spanish with it Federation of entities religious Evangelical of Spain, the Federation of communities Israelite of Spain and it Commission Islamic of Spain, approved respectively by the law 24, 25 and 26 / 1992 10 November, declared notorious rooting in Spain of the Church of Jesus Christ of the saints of the last day (2003), the Church of the Jehovah's witnesses (2006), Buddhism (2007) and the Orthodox Church (2010), which has given rise to the need to objectify the conditions to obtain.

To this question tries to respond it regulation contained in this real decree establishing ones requirements accurate for get it Declaration of notorious roots in Spain and a procedure public with all them guarantees, with what is reduces the margin of the discretion of the Administration and is increases the grade of certainty of them seekers of this statement.

The Declaration's notorious roots must encompass some common notes that characterize any church, confession, religious community or Federation thereof which should be known by various religious groups, but also by the society prior. It should prove that it enjoys a stable and proven presence in time in Spain by registration in the registry of religious entities, or in any foreign country, but that in any case provide the note of stability and permanence in time. Also, roots should be associated with the active presence in the Spanish society and its implementation in the territory of the various autonomous communities and with a representative number of institutions and places of worship, enrolled in the registry of religious entities. Equally, should count with a structure internal and representation appropriate to your own organization.

Royal Decree regulates a process to accredit those requirements that it ends with a controllable resolution legally, what represents an undeniable advance guarantees of applicants. Also regulates the procedure administrative by which can lose is the condition of notorious roots by modification substantial of the circumstances required for the obtaining of the same.

In the elaboration of this Royal Decree has been considered the report of the plenary of the Advisory Commission on religious freedom, which has given audience to religious denominations that have recognized notorious roots in Spain, representatives of the General Administration of the State and to the members of recognized competence in the field of religious freedom to be part of the Commission.

By virtue, on the proposal of the Minister of Justice, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of July 3, 2015, HAVE: CHAPTER I General provisions article 1. Object.

This Royal Decree is to regulate the procedure for the Declaration of notorious roots of religious denominations in Spain, in accordance with article 7.1 of the organic law 7/1980 of 5 July, of religious freedom. Also regulates the procedure by which can lose is the Declaration of notorious roots by modification substantial of them circumstances required for the obtaining of the same.

Article 2. Scope of application.

This Royal Decree is of application to them churches, confessions and communities religious, as well as to the federations of them same, registered in the register of entities religious of the Ministry of Justice.

CHAPTER II procedure for the Declaration of notorious roots in Spain article 3. Requirements.

For the statement of notorious roots in Spain referred to in article 7.1 of the organic law 7/1980 of 5 July, churches, denominations or religious communities shall meet the following requirements: to) registered in the registry of religious entities carry thirty years, except that the entity credit recognition abroad of at least sixty years old and carry registered in the register for a period of fifteen years.

(b) provide proof of his presence in, at least, ten autonomous communities / cities of Ceuta and Melilla.

(c) have 100 inscriptions or annotations to the registry of religious entities, among registered agencies and places of worship, or a lower number in the case of entities or places of worship of particular relevance for its activity and number of members.

(d) have a structure and appropriate representation and adequate for your organization for the purposes of the Declaration's notorious roots.

(e) provide proof of their presence and participation active in Spanish society.

Article 4. Declaration of notorious rooting procedure.

(1. procedure will begin repairs of the interested entity addressed to the owner the General Sub-Directorate of relations with confessions, which should include the following information: a) identification of the applicant authority indicating its number of registration in the register of religious entities.

(b) identification of those representatives legal of the entity.

(c) explanatory memorandum certifying compliance with the requirements mentioned in the previous article.

(d) postal address.

2. If the applicant entity was part of a Federation or there is a nationally registered upper body, must be the latter who they apply.

3. the request, together with the documentation that must accompany it, may be made in format and electronic signature in the electronic register of the Ministry of Justice.

4. the statement and proposal for resolution of the procedure corresponds to the Sub-Directorate General for relations with confessions.

5. If the application does not meet the requirements that designates the previous article and paragraphs 1 and 2 of this article, you will be required to the applicant entity so that, within a period of ten days, remedy the lack or attach the documents required, with an indication of that, so do not do so, you shall be rejected your request previous resolution that shall be issued under the terms of article 42 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

6. responsible for the instruction of the procedure may require the requesting entity provide information or additional documents deemed necessary to demonstrate compliance with the requirements of this Royal Decree.

7 a. effects of the decision of the procedure, and in accordance with the provisions of article 3.e) of the Royal Decree 932/2013, 29 November, which regulates the Advisory Commission on religious freedom, will be prompted for this Advisory Commission to issue report, which shall be mandatory and non-binding.

8 Instruido the procedure, and immediately before drafting the motion for a resolution, will be revealed to the applicant entity so that, within a period not less than ten days nor more than fifteen, can claim and present documents and justifications that it deems appropriate.

If before the expiration of the term the entity applicant manifest his decision of not make allegations or provide new documents or justifications, is will have by made the procedure.

Article 5. Resolution.

1. the competent body to resolve the procedure is the Minister of Justice, by ministerial order. This will be expressed if it is agreed as the report of the Advisory Committee on religious freedom or deviates from it. In the first case, the formula will be used "in accordance with the Advisory Commission on religious freedom"; in the second, that of «heard the Advisory Commission on religious freedom».

2. the resolution which declared the notorious rooting of religious confession in Spain will be published in the «Official Gazette», notwithstanding that any decision putting an end to the procedure is duly notified to the requesting entity.

3. once the period of six months, from the date that the application has had input in any of the records of the Ministry of Justice, if it had not issued and notified the resolution, it means estimated, pursuant to article 43 of the law 30/1992, of 26 November.


4. against the decision of the procedure, which puts an end to the administrative procedure, can be reconsideration of replacement before the Minister of Justice on the terms laid down in the articles 116 and 117 of the law 30/1992, of November 26, or be directly challenged before the administrative court order in the terms established in article 46 of law 29/1998 , of 13 of July, regulating of the jurisdiction courts.

Article 6. Scope of the Declaration's notorious roots urged by federations.

When it request of statement of notorious roots has been presented by a Federation of churches, confessions or communities religious, the notorious roots will be recognized in favor of it religion or belief religious, but them effects derived of it statement will be attributed to those entities that form part of the Federation as guarantor of the continuity of the compliance of them requirements required for its statement.

CHAPTER III procedure for the loss of the status of notorious roots in Spain article 7. Assumptions of loss.

The loss of the status of notorious roots in Spain is produced by the substantial modification of any of the circumstances required to obtain the same paragraphs b), c), d) and e) of article 3.

Article 8. Procedure for the loss of notorious roots.

1. the procedure for loss of notorious roots will begin appointed by agreement of the holder of the General Directorate of international legal cooperation and relations with the confessions.

2. with prior to the agreement of initiation of the procedure, is may open a period of information prior with audience to the interested, to determine the circumstances concrete, its scope and the convenience or not of start the procedure.

In view of the proceedings, the holder of the General Directorate of international legal cooperation and relations with the confessions may agree the initiation of the procedure for the loss of the status of notorious roots in Spain.

3. the statement and proposal for resolution of the procedure corresponds to the Sub-Directorate General for relations with confessions.

4 a effect of termination of the procedure, and in accordance with the provisions of article 3.e) of the Royal Decree 932/2013, 29 November, which regulates the Advisory Commission on religious freedom, will be prompted for this Advisory Commission to issue report, which shall be mandatory and non-binding.

5. instructed the procedure, e immediately before write it proposed of resolution, is put of manifest to the entity applicant so, in a term not lower to ten days or upper to fifteen, can claim and present them documents and justifications that deems relevant.

If before the expiration of the term the entity applicant manifest his decision of not make allegations or provide new documents or justifications, is will have by made the procedure.

Article 9. Resolution.

1. the competent body to resolve the procedure is the Minister of Justice, by ministerial order. This will be expressed if it is agreed as the report of the Advisory Committee on religious freedom or deviates from it. In the first case, the formula will be used "in accordance with the Advisory Commission on religious freedom"; in the second, that of «heard the Advisory Commission on religious freedom».

2. the resolution which declared the loss of the notorious rooting of religious confession in Spain will be published in the «Official Gazette», notwithstanding that any decision putting an end to the procedure is duly notified to the concerned entity.

3 after the period of six months, from the date that has been agreed to the commencement of the procedure, unless the order it had issued and notified the resolution, will result in the revocation of the procedure. The resolution declaring the expiration will order the file of the proceedings, with the effects provided for in article 92 of the law 30/1992, of 26 November.

4. against the resolution of the procedure, that puts end to it via administrative, may bring is resource optional of replacement before the Minister of Justice in them terms established in them articles 116 and 117 of the law 30 / 1992, of 26 of November, or be contested directly before the order jurisdictional contentious in them terms established in the article 46 of the law 29 / 1998 , of 13 July.

Article 10. Scope of the loss of notorious rooting.

When the application for a declaration of notorious roots had been presented by a Federation of churches, denominations or religious communities, the Declaration of loss of the notorious rooting will be extended to religion or religious belief, and the effects of the Declaration shall be attributed to those entities that are part of the Federation.

Sole additional provision. Communication and electronic advertising.

The use of electronic means provided therein will be promoted in order to comply with law 11/2007, of 22 June, electronic access of citizens to public services, at the request of notorious rooting as well as in the procedure.

Sole transitional provision. Regime applicable to pending applications.

Applications for declaration of notorious roots in Spain which were pending at the date of entry into force of this Royal Decree shall be governed by the procedure at the time of its inception.

Available end first. Normative extra them provisions of the law 30 / 1992, of 26 of November, of regime legal of them administrations public and of the procedure administrative common is apply supplementary to it willing in the present Royal Decree.

Second final provision. Title competence.

This Royal Decree is issued under cover of the provisions of article 149.1.1. ªde the Constitution, which attributes to the State the exclusive jurisdiction over the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of their rights and compliance with the constitutional duties.

Third final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid, on 3 July 2015.

PHILIP R.

The Minister of Justice, RAFAEL CATALÁ POLO