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Real Decree 1384 / 2011, From 14 Of October, By Which Is Develops The Article 1 Of The Agreement Of Cooperation Of The State With The Commission Islamic Of Spain, Approved By The Law 26 / 1992, Of 10 Of November.

Original Language Title: Real Decreto 1384/2011, de 14 de octubre, por el que se desarrolla el artículo 1 del Acuerdo de Cooperación del Estado con la Comisión Islámica de España, aprobado por la Ley 26/1992, de 10 de noviembre.

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The Spanish Constitution (CE) recognizes the fundamental right to the religious freedom of individuals and communities without further limitation in their manifestations than the maintenance of public order protected by law, and establishes the obligation for public authorities to cooperate with religious confessions (Article 16 (3)), therefore, to promote the conditions which allow the freedom and equality of individuals and groups in which they are integrated to be real and effective, in line with the provisions of Article 9.2 EC.

One of the forms of this cooperation is the conclusion of agreements with religious confessions that have become notorious in Spain. Islam acquired that status after the meeting of the Plenary of the Advisory Commission on Religious Freedom (CALR) of 14 July 1989, and by Law 26/1992, of 10 November, the Agreement with the Islamic Commission of Spain (CIE) was approved with the will of "to make it possible for the exercise of the religious freedom right of Muslim believers to be real and effective," according to their Motives Exhibition.

According to this normative framework, the Islamic Commission of Spain was constituted as a representative body of Islam in our country, to which the Spanish Federation of Islamic Religious Entities and the Union of Islamic Communities of Spain.

Article 1. º of the said Agreement provides for the application to the entities registered in the Registry of Religious Entities that are part or that are subsequently incorporated into the Islamic Commission of Spain or some of the registered federations incorporated in that Commission.

Since 1992, the number of registered Islamic communities has grown in a very important way. However, many have not been able to benefit from the Cooperation Agreement because only one entity has directly acceded to the EIP so far, while the others have done so by accessions to the federations. This has led to the fact that, at present, the Islamic entities registered more than thirty per cent are not part of the EIP and are therefore not included in the Agreement, despite their repeated willingness to avail themselves of it.

The Government understands that it is necessary to establish a legal procedure to overcome this unwanted situation, affecting one of the aspects that integrates the fundamental right to religious freedom.

To this end, and in accordance with the habilitation contained in the final provision of Law 26/1992, by means of this royal decree, a procedure is introduced which allows the Muslim entities registered in the Register of Religious Entities, and who have expressed their willingness to avail themselves of the Cooperation Agreement, to join the EIP and therefore to enjoy the rights and obligations set out in the Cooperation Agreement with the State.

After ruling out the initial draft legislation, 'without prejudice to the considerations made in the opinion', the State Council expressly states that ' a development of that Article 1 of the Agreement, aimed at preventing the Islamic Commission of Spain from preventing, for reasons that are not acceptable, the application of the Agreement to a party, more or less important, of the community of believers to which the one was addressed. (as is apparent from the explanatory memorandum to the Agreement and the Parliamentary Procedure of the Law (i) the Commission's proposal for a Council Directive on the application of the provisions of the Treaty establishing the European Community (OJ L 96, 26.3.1994, p. All this, in order to interpret and implement both the Law and the Agreement, and the rules that develop them, in the framework and in the light of the Constitution, and in particular Articles 16 and 9.2 thereof. "

That is, precisely, the solution that is now being welcomed, taking into account the regulatory development of the Law in the terms indicated by the high advisory body.

To this end, a very simple procedure is set up and contained in a single article.

The procedural nature of the rule, its simplicity, coupled with the requirement not to delay the effective realization of a fundamental right, lead to the fact that, once the State Council has been given the indication, its direct referral to the Government, a possibility expressly permitted by the Supreme Court's legal doctrine precisely for cases such as the present.

In its virtue, on the proposal of the Minister of Justice, ears the Advisory Commission on Religious Freedom and the Council of State, and after deliberation of the Council of Ministers at its meeting on October 14, 2011,


Single item. Development of Article 1 of the State Cooperation Agreement with the Islamic Commission of Spain, approved by Law 26/1992 of 10 November.

1. This royal decree aims to develop Article 1 of the State Cooperation Agreement with the Islamic Commission of Spain approved by Law 26/1992 of 10 November, in order to make effective the rights of freedom and religious equality of the Muslim communities established in Spain, as well as the principle of cooperation of the State with the religious confessions provided for in Article 16.3 of the Constitution.

2. The Communities or Islamic Federations which are registered in the Register of Religious Entities may also request their incorporation to the Islamic Commission of Spain by application in which the acceptance of the Agreement of State cooperation with the Islamic Community of Spain.

3. The Registry of Religious Entities shall notify the Islamic Commission of Spain of the corresponding application for integration, so that it can express its conformity or formulate reasoned opposition within 10 days.

4. The Registry shall issue a resolution within a maximum of 30 days from the date of submission of the application. If the above requirements are met and the Islamic Commission of Spain has expressed its conformity, or the deadline has elapsed without making it, the integration of the Community or Islamic Federation shall be recorded. applicant in the Islamic Commission of Spain.

5. If the application does not meet the requirements of paragraph 2, or the Islamic Commission of Spain shall issue a reasoned opposition, the Registry shall issue a resolution rejecting the endorsement. Such a resolution may be brought to the attention of the public, and may be obtained for its decision of the Advisory Commission on Religious Freedom.

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1.1. of the Constitution, which attributes to the State the jurisdiction over the regulation of the basic conditions that guarantee the equality of all Spaniards in the the exercise of rights and in the performance of constitutional duties.

Final disposition second. Entry into force.

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

Given in Madrid, on October 14, 2011.


The Minister of Justice,