FELIPE VI

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:

PREAMBLE

I

It is called sefardies to the Jews who lived in the Iberian Peninsula and, in particular, to their descendants, those who after the Eicts of 1492 who fought for forced conversion or expulsion took this drastic path. This name comes from the voice "Sefarad", a word with which Spain is known in the Hebrew language, both classical and contemporary. In truth, the Jewish presence in Iberian lands was firm and millennial, still palpable today in vestiges of the word and stone. However, and because of the imperative of history, the Jews went back to the ways of the diaspora, adding or founding new communities especially in North Africa, in the Balkans and in the Ottoman Empire.

The children of Sepfarad maintained a flow of immune nostalgia to the becoming of the languages and the generations. As a support they retained the ladino or the haketia, Spanish primeval enriched with the loans of the host languages. In the language of their ancestors they remedled the prayers and the recipes, the games and the romances. They maintained the uses, respected the names that so many times invoked the horma of their origin, and accepted without rancor the silence of the Spain meticed in oblivion.

Memory and fidelity have remained throughout the times in a large community that deserved the honor of receiving its recognition with the Prince of Asturias Award of Concordia in 1990. It was a decision animated by the desire to contribute, after almost five centuries of estrangement, to a process of concord that summons the Sephardic communities to the reunion with their origins, opening them forever the doors of their ancient homeland. The award of this prize was preceded, shortly before by a historic event: the first visit of a King of Spain to a synagogue. It was on October 1, 1987 at the Sephardic Temple Tifereth Israel of Los Angeles, California.

At the dawn of the 21st century, the Sephardic communities of the world face new challenges: some were battered under the fury of totalitarianism, others chose the paths of return to their long-lost Jerusalem; all They envision a pragmatic and global identity in the emerging generations. Palpita in any case the love of a conscious Spain at the end of the historical and sentimental baggage of the Sephardies. It seems to be right that such recognition is nourished by the appropriate legal resources to facilitate the condition of Spaniards who resisted, jealous and prodigiously, to cease to be in spite of the persecutions and sufferings that They suffered their ancestors until their expulsion in 1492 from Castilla y Aragón and, a short time later, in 1498, from the kingdom of Navarra. Today's Spain, with this Law, wants to take a firm step to achieve the reencounter of the definitive reconciliation with the Sephardic communities.

II

The formation in Spain of a current of opinion favorable to the Sephardies comes from the times of Isabel II, when the Jewish communities obtained licenses to own cemeteries of their own, for example, in Seville and, later, authorization to open some synagogues.

passage omitted] [passage omitted] (El Tiempo, 1 March) Fernando de los Rios -- Minister of State Fernando de los Rios has been studying the possibility of granting, in a generalized manner, Spanish nationality to the Sephardic Jews of Morocco, but the idea was abandoned. opposition that was found in some magrebies media. It is also of justice to recognize that in 1886, at the impulses of Praxedes Mateo Sagasta, and in 1900 under the promotion of Senator Angel Pulido, an approach was initiated towards the Sephardies, the result of which the Government authorized the opening of synagogues in Spain, the foundation of the Spanish-Hebrew Alliance in Madrid in 1910 and the constitution of the Universal House of the Sephardies in 1920. All this reinforced the links between the Sephardies and Spain.

Historically, Spanish nationality was also acquired by Sephardies in exceptional circumstances. An example of this was the Royal Decree of 20 December 1924, in which the explanatory statement refers to the " former Spanish protégés or their descendants and, in general, to the individuals belonging to families of Spanish origin that in some They have been registered in Spanish registers and these Hispanic elements, with deep feelings of love for Spain, because of ignorance of the law and other causes beyond their will to be Spanish, have not managed to obtain our nationality '. Thus, a naturalisation process was opened that allowed the Sephardies to obtain Spanish nationality within a period that lasted until 1930. Just three thousand Sephardies exercised that right. However, after the end of the period, many received the protection of the Consules of Spain even without having obtained the Spanish nationality proper.

The course of World War II placed approximately two hundred thousand Sephardies under German administration. The flourishing communities of Western Europe and, above all, the Balkans and Greece suffered from the Nazi barbarity with overwhelming figures such as the more than fifty thousand dead in Thessaloniki, a city of deep sefardi roots. The brutal sacrifice of thousands of Sephardies is the undying bond that unites Spain with the memory of the Holocaust.

The Royal Decree of 20 December 1924 had an unexpected utility in which its editors probably did not think: it was the legal framework that allowed Spanish diplomatic legations during the Second World War, to give consular protection to those Sephardies who had obtained Spanish nationality under that Decree. The humanitarian spirit of these diplomats extended consular protection to non-naturalized Sephardies and, ultimately, to many other Jews. It is the case, among others, of Angel Sanz Briz in Budapest, of Sebastian de Romero Radigales in Athens, of Bernardo Rolland of Miotta in Paris, of Julio Palencia in Sofia, of José de Rojas and Moreno in Bucharest, of Javier Martínez de Bedoya in Lisbon, or of Eduardo Propper de Callejon in Bordeaux. Thousands of Jews thus escaped the Holocaust and were able to remake their lives.

III

There are currently two channels for the Sephardies to obtain Spanish nationality. First, testing their legal residence in Spain for at least two years, already assimilating in these cases to nationals of other countries with a special relationship with Spain, such as the Ibero-American nations. And, secondly, by letter of a nature, granted discretionally, when in the interested party there are exceptional circumstances. As a corollary, the Law now provides for the exceptional circumstances referred to in Article 21 of the Civil Code, in the Sephardies originating in Spain, which prove this condition and its special relationship with Spain. It also determines the requirements and conditions to be taken into account for the justification of that condition. This is a legitimate aim of the communities of the Sephardic diaspora whose ancestors were forced into exile. Among the documents requested, the certificate issued by the Federation of Jewish Communities of Spain, in coherence with the content of the Cooperation Agreement with the State approved by Law 25/1992, of 10 of 10, is of particular relevance. November.

Likewise, it is also necessary to proceed, as a complement to the foregoing, to the reform of Article 23 of the Civil Code in order to prevent the acquisition of Spanish nationality from the previously held. So far, the Sephardies are the only ones who, granting them nationality with two years of residency, are forced to resign.

In short, this Law is intended to be the meeting point between the Spaniards of today and the descendants of those who were unjustly expelled from 1492, and it is justified in the common determination to build together, In the face of the intolerance of past times, a new space of coexistence and harmony, which will reopen forever the communities expelled from Spain the doors of their old country.

IV

The rule is structured into two articles, four additional provisions, a transitional provision, and six final provisions.

Article 1. Granting of Spanish nationality by letter of nature to Sephardies originating in Spain.

1. For the purposes set out in Article 21 (1) of the Civil Code, in respect of the exceptional circumstances required to acquire Spanish nationality by letter of a nature, it is understood that such circumstances are in the Sefardies from Spain who prove this condition and a special relationship with Spain, even if they do not have legal residence in our country.

2. The condition of sefardi originating in Spain shall be credited for the following evidentiary means, valued as a whole:

(a) Certificate issued by the Chair of the Permanent Commission of the Federation of Jewish Communities of Spain.

(b) Certificate issued by the President or analogous position of the Jewish community in the area of residence or home town of the person concerned.

(c) Certificate of the competent rabbinical authority, legally recognised in the country of the applicant's habitual residence.

The interested party may accompany a certificate issued by the Chairman of the Permanent Commission of the Federation of Jewish Communities of Spain that guarantees the status of the authority of the person who issues it. Alternatively, in order to prove the suitability of the documents referred to in points (b) and (c), the applicant shall provide:

1. º Copy of the original Statutes of the foreign religious entity.

2. A foreign entity's certificate containing the names of those who have been designated legal representatives.

3. Certificate or document stating that the foreign entity is legally recognized in its country of origin.

4. A certificate issued by the legal representative of the entity stating that the undersigned Rabbi holds, effectively and at present, such a condition in accordance with the requirements laid down in its statutory rules.

In addition, the documents referred to in the preceding paragraphs, except for the certificate issued by the Chairman of the Permanent Commission of the Federation of Jewish Communities of Spain, shall be found, if appropriate, duly authorised, translated into Spanish by a sworn translator and on the same shall be the Apostille of The Hague or the stamp of the corresponding legalisation.

d) Accreditation of the use as a family language of the ladino or "haketia", or for other indications that demonstrate the tradition of belonging to such a community.

e) Birth or "ketubah" or marriage certificate in which it is celebrated according to the traditions of Castile.

f) Reasoned report, issued by an entity of sufficient competence, that accredit the membership of the applicant's surnames to the sefardi lineage of Spanish origin.

g) Any other circumstance that clearly demonstrates their status as sefardi originating in Spain.

3. The special relationship with Spain will be demonstrated by the following evidentiary means, valued as a whole:

(a) Certificates of Spanish history and culture studies issued by official or private institutions with official recognition.

b) Accreditation of the knowledge of the Ladino language or "haketia".

c) Inclusion of the petitioner or of his or her direct ancestry in the lists of Sephardic families protected by Spain, which, in relation to Egypt and Greece, refers to the Decree-Law of 29 December 1948, or to those other which obtained their naturalisation by the special route of the Royal Decree of 20 December 1924.

d) The applicant's consanguinity parentage with a person referred to in point (c) above.

e) Realization of charitable, cultural or economic activities in favor of Spanish people or institutions or in Spanish territory, as well as those that develop in support of institutions oriented to the study, conservation and dissemination of the Sephardic culture.

(f) Any other circumstance that clearly demonstrates its special relationship with Spain.

4. In any case, a duly legalized or aposable birth certificate must be provided and, where appropriate, translated.

5. In addition, the accreditation of the special link with Spain will require two tests to be exceeded.

The first test will demonstrate a basic knowledge of the Spanish language, level A2, or higher, of the Common European Framework of Reference for the languages of the Council of Europe, by overcoming an examination for obtaining a Spanish diploma as a foreign language DELE at level A2 or above.

In the second test the knowledge of the Spanish Constitution and the Spanish social and cultural reality will be evaluated.

These tests will be designed and administered by the Cervantes Institute under conditions that will be regulated.

National applicants from countries or territories in which Spanish is an official language will be exempt from the Spanish proficiency test but not from that of constitutional and sociocultural knowledge.

They will only have to carry out the DELE examination and proof of knowledge of the Spanish Constitution and the Spanish social and cultural reality, those over eighteen years old and people who did not have a judicially modified capacity. Minors and persons with a judicially modified capacity shall be exempt and must provide certificates from their training, residence, reception, care or special education centres where, where appropriate, they would have been registered.

Article 2. Procedure.

1. The procedure for granting nationality under this Law will be electronic. The request will be made in Spanish and will be addressed to the General Directorate of the Registers and the Notary. An identifier number of your application shall be provided to the applicant at the event.

2. The request shall be transmitted by telematic to the General Council of the Notary. This Council, through the channels it establishes, will give you course taking into account the preferences expressed by the person concerned, and will determine the notary competent to assess the documentation provided.

3. When the documents are examined, when the condition of sefardi originating in Spain is considered to be justified, as well as the special relationship with Spain of the applicant, the notary shall arrange for his appearance to be drawn up. The original evidence provided by the person concerned referred to in the previous Article, duly translated as appropriate, and, for applicants of age, certificate or background certificates, shall be incorporated into the document. criminal proceedings relating to his or her country of origin and those where he had resided in the last five years immediately preceding the application. All these documents must be duly authorized and apostille or legalized and, if necessary, translated, and must be the sworn translation. In the personal appearance or through his legal representative the applicant must assert under his or her responsibility to the notary authorizing the certainty of the facts in which his application for nationalization is based.

Made the appearance of the person concerned, and examined all the evidence provided, the notary will consider whether or not the condition of sefardi originating in Spain is justified or not justified and the special relationship with Spain of the applicant, expressing his opinion on the fulfilment of the requirements laid down in Article 1 and shall express it in the minutes.

This act will be subject to the provisions of the Notary Regulation with the following particularities:

(a) The requirement for the instruction of the minutes and the statement by the notary concerning the fulfilment of the requirements laid down in Article 1 shall be made in the same instrument, which shall be incorporated into the protocol at the date of the entry into force of the Protocol. and under the number corresponding to the initial requirement.

(b) The notary shall appraise the relevant documentary evidence of those provided for in Article 1 and, in the light of the documents provided and the statement of the applicant, state whether or not the evidence is satisfied that the legal requirements.

c) Once authorized, the notary will transmit electronic copy of the record, in the uniform format that will determine by resolution the General Direction of the Registers and the Notary, that will be transmitted telematic to the General of Records and Notary.

4. Having received the act of notoriety, which will attest to the facts accredited, the Directorate General of the Registers and the Notary will request preceptively reports from the corresponding organs of the Ministry of the Interior and the Ministry of the Presidency, resolving in a reasoned manner and declaring, where appropriate, the estimation of the application.

5. The judgment given shall be sufficient for the practice of the corresponding registration in the Civil Registry, prior to the fulfilment of the requirement of the oath or promise of fidelity to the King and obedience to the Constitution and the laws required in the Article 23 (a) of the Civil Code, together with the other provisions laid down in the following paragraph. The Directorate-General of the Registers and the Notary shall send a copy of the decision to the Encharged of the Civil Registry responsible for the registration of the birth.

6. The effectiveness of the grant decision shall be conditional on the fact that, within one year of the day following the notification of the decision to the person concerned, the person concerned complies with the following conditions before the competent Civil Registry by reason of your address:

a) Request enrollment.

b) Carry out a new, valid certificate of the absence of a criminal, legalized or apostille record and, if applicable, translated.

c) To hold before the Encharged of the Civil Registry the manifestations legally coming, concerning the oath or promise of fidelity to the King and obedience to the Constitution and the laws.

Failure by the data subject to the above conditions within the set deadline will result in the expiration of the procedure.

Additional disposition first. Deadlines.

1. Interested parties must formalise their application within three years of the entry into force of this Law. That period may be extended by agreement of the Council of Ministers for one more year.

2. Applications for the acquisition of Spanish nationality governed by this Law shall be settled within the maximum period of 12 months after entry into the General Directorate of the Records and the Notary of the file together with the with the reports provided for in Article 2 (4).

3. After the previous period without any express resolution, the requests shall be deemed to be rejected by administrative silence.

Additional provision second. Electronic procedure and fee for processing of files.

1. The Ministry of Justice shall regulate the electronic procedure for the processing of procedures for obtaining Spanish nationality by residence, letter of nature or waiver.

2. The procedure for granting Spanish nationality by letter of a nature referred to in this Law shall be payable at a rate of EUR 100 for the administrative processing of each application. It is the taxable fact of the application for the initiation of the procedure to obtain the Spanish nationality and it will be subject to the request, regardless of the outcome of the procedure.

The management of the fee will be the responsibility of the Ministry of Justice, which will regulate how the payment of the charge is to be made.

Additional provision third. Exceptional circumstances and humanitarian reasons.

After the period referred to in paragraph 1 of the additional provision first, where exceptional circumstances or humanitarian reasons are established, the Sephardies who comply with the requirements of this Law and Under their procedure, they may apply to obtain Spanish nationality, the granting of which shall be the responsibility of the Council of Ministers on a proposal from the Ministry of Justice.

Additional provision fourth. Registrations in the Civil Registry.

For entries to be made in the Civil Registry as a result of the granting of Spanish nationality by letter of a nature to the Spanish sefardies who have established a special relationship with Spain, in accordance with the provisions of this Law, the Chargé of the Civil Registry shall have jurisdiction for the registration of the birth.

Single transient arrangement. Concurrency of procedures.

1. Those who fulfil the requirements laid down in this Law are included in their subjective scope and, prior to their entry into force, have applied for the granting of Spanish nationality by letter of nature through the Ordinary and individualised proceedings without having received notification of the relevant decision, may decide to proceed with the processing of their file in accordance with the procedure laid down in this Law and for that purpose. expressly request and provide the documentation required in accordance with the provisions of the Article 2 that they have not already contributed.

2. The exercise of the option shall be carried out by means of the electronic platform established in the additional provision second during the period referred to in paragraph 1 of the first provision. Given the option, the processing of the corresponding nationality file by letter of a nature, already initiated, will continue its processing according to the substantive and procedural provisions contained in this Law, although the interested party, personally or by means of an authorised person, may request from the Directorate-General of the Records and the Notary the breakdown of the documents provided at the time to the file to be incorporated now into the act of notoriety and may also, personally or by means of authorized person, complete the file with the documentation required in accordance with Article 2 which has not been previously provided or which may be issued by a new notarial act if necessary. All applications, including those for option, shall be processed in the order of receipt of the required documents and reports.

Final disposition first. Amendment of the Civil Code.

Article 23 of the Civil Code is worded as follows:

" 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 countries of the countries referred to in Article 24 (1) and the sefardies originating in Spain shall be subject to this requirement.

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

Final disposition second. Amendment of the recast text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, approved by Royal Legislative Decree 1/2013 of 29 November.

A new additional provision is added to the recast text of the General Law on the Rights of Persons with Disabilities and their Social Inclusion, approved by Royal Decree-Law 1/2013 of 29 November, with the following wording:

" Additional Disposition 12th. Access to Spanish nationality on an equal footing.

Persons with disabilities will access Spanish nationality on an equal footing. Any rule that causes discrimination, direct or indirect, in the access of persons to nationality by residence on the grounds of their disability shall be null and void. In the procedures for the acquisition of Spanish nationality, persons with disabilities who need it shall have the support and reasonable accommodation to enable the effective exercise of this guarantee of equality. "

Final disposition third. Extra age.

The provisions of Law 20/2011, of 21 July, of the Civil Registry and, failing that, of Law No 30/1992 of 26 November of 26 November of the Legal Regime of the European Union, will be applicable in all the non-foreseen provisions of this Law. Public Administrations and the Common Administrative Procedure and Law 11/2007, of June 22, of electronic access of citizens to Public Services.

Final disposition fourth. Enablement.

The Minister of Justice is empowered to dictate the provisions necessary for the implementation of the provisions of this Law.

Final disposition fifth. Competence title.

This Law is dictated by article 149.1.2. of the Spanish Constitution regarding nationality.

Final disposition sixth. Entry into force.

This Law shall enter into force on 1 October 2015.

Therefore,

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

Madrid, 24 June 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY