The Law of Democratic Memory

The Law of Democratic Memory aims to recognize and repair the victims of Franco’s regime and to promote the historical memory in the country. There may be cases in which foreigners affected by the Franco dictatorship can take advantage of some of its aspects to obtain Spanish Nationality.

Spanish Nationality can be obtained thanks to this law in the following cases:

Those born outside Spain of father or mother, grandfather or grandmother, who originally would have been Spanish, and who, as a consequence of having suffered exile for political, ideological or belief or sexual orientation reasons, would have lost or renounced the Spanish nationality.

The sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978.

The sons and daughters of legal age of those Spaniards whose nationality of origin was recognized by virtue of the right of option in accordance with the provisions of this Law or in the Seventh Provision of Law 52/2007, of December 26th.

In addition, the Law of Democratic Memory recognizes foreign victims of the Civil War and Franco’s dictatorship, including those who were persecuted and repressed for political or ideological reasons. On the other hand, the Registry of Victims of the Civil War and Franco’s dictatorship has been created, which allows people to access information about their history and recognize their ancestors who were victims of repression. This registry is available to everyone, regardless of their nationality.

In addition, the Law of Democratic Memory establishes measures of reparation and recognition for the victims of exile, including the thousands of Spaniards who were forced to leave the country during the Civil War and Franco’s dictatorship. These measures include the creation of an aid program for the descendants of exiles and the creation of a map of places of memory abroad that recall the history of the Spanish exile.

If for any of the above mentioned reasons you need legal advice, please do not hesitate to contact us.