Spanish nationality

from Wikipedia, the free encyclopedia
Spanish passport from 1988

The Spanish nationality determines the membership of a person in the national association of Spain with the associated rights and obligations. The radical changes in the form of government in the 19th and 20th centuries had little impact on citizenship law. The inheritance mainly follows the principle of descent ( ius sanguinis ). A distinction is made between "Spaniards by birth / descent" and naturalized people who are subject to minor legal disadvantages.

Historical

Certificate of Citizenship of a Spaniard, issued at the Newport Vice Consulate, Mon. on July 19, 1919. Used as entry document for Great Britain 1920/1.

Beginning with the short-lived constitution of Cadiz of 1812, which in its distinction between citizens and citizens was based specifically on the regulations of the first French revolutionary constitution of 1791, each of the subsequent Spanish constitutions has since contained an article on citizenship.

The decree of April 13, 1813 supplementing Art. 5 of the 1812 Constitution, determined the form of naturalization certificates ( carta de naturaleza ) and citizenship certificates ( carta de ciudadano ). Foreigners were z. B. excluded from official and clerical positions. The acquisition of local citizenship automatically led to the acquisition of Spanish citizenship until 1916, regardless of national regulations.

Civil registers, the Registro Civil, were first introduced at the municipal level in 1841. The current form goes back to the Register Act of 1871.

From the 1850s onwards, agreements were concluded with the independent colonies in South America, which guaranteed the respective nationals preferential treatment. For Portuguese, Brazilians and Hispanics, the naturalization period was reduced to two years. Spaniards who wanted to keep their citizenship (in addition to that of the country of residence) had to register at the Spanish consulate.

Civil Code 1889 and Constitution 1931

The rules introduced in the Civil Code in 1889 , together with those in the respective constitutions, here, for example, those from 1931, remained essentially unchanged until 1954. However, there were changes to the provisions in the Aliens and Civil Registry Act and some other regulations that had an indirect effect.

Minor children followed the nationality of their parents. According to the Civil Code of 1889, children born in Spain automatically became Spanish ( ius soli ; Art. 17). However, when they reached the age of majority they had to opt for the Spanish one while giving up other citizenships (Art. 18-9). This has been restricted more and more over time. In accordance with customary law, children also acquired citizenship by gurting on board a Spanish ship or by acknowledging paternity; this only applied to adoptions until 1943.

Minor changes to the republican period 1931-6 were intended to make it easier to maintain, especially (descendants of) Spaniards living abroad, even if dual statehood then occurred more frequently. There were also changes in the interests of equal rights for women.

Until 1954: "Spaniards are:

  1. the children of Spanish parents (i.e. a Spanish parent) who were born inside or outside Spain,
  2. the children of a foreign father who were born in Spain if they opt for Spanish citizenship in the form required by law,
  3. the children born in Spain of unknown parents [ie foundlings],
  4. foreigners who are in possession of a naturalization certificate and those who, without being in possession of a naturalization certificate, have acquired citizenship in any commune of the republic in the form prescribed by law and under the legal conditions.

The foreigner who marries a Spaniard kept her original citizenship or acquires her husband's citizenship on the basis of an option regulated by law in accordance with international treaties.

Art. 22: A Spanish woman who marries a foreigner acquires her husband's, losing the Spanish one.

Art. 23: A special law aims to facilitate the process of acquiring citizenship for people of Spanish origin who are domiciled abroad.

Art. 24: Spanish citizenship is lost:

  1. by entering the military service of a foreign power without the permission of the Spanish state or by accepting a civil servant or judicial position in another government;
  2. through voluntary acquisition of a foreign nationality.

Due to the fact that international reciprocity actually exists, Portuguese nationals and nationals of the Spanish states of America, including Brazil, can acquire Spanish citizenship on request without losing or changing their citizenship if they are resident in Spain. The requirements and the procedure are regulated by law.
In these states, even if reciprocity is not respected, Spaniards can be naturalized without losing their Spanish citizenship, provided that this is not contrary to the law of the foreign state concerned. "

New citizens had to take an oath of loyalty to the constitution.

Spaniards living abroad had to register with the responsible consulate. For those of the 3rd generation it became compulsory insofar as that was the only way to retain their Spanish citizenship. Re-acquisition was possible by declaring at the registry office if a formerly Spanish citizen (or a formerly foreign married wife) had taken up residence in their home country again. The same was true for people born in Spain who lost their Spanish as a child because their parents changed their nationality.

Civil Code 1954

The changes in 1954 reflected the Catholic reactionary worldview of the Franco era. Citizenship was first inherited through the father. Foreign women marrying in automatically became Spanish women. The shortened two-year deadline applied to foreign husbands. The general birthplace principle with option was abolished. A double ius soli only applied if both foreign parents were born in Spain and lived here. Anyone who voluntarily acquired another nationality lost its Spanish one, except in the event of war. If a Latin American or Filipino citizenship was acquired, the Spanish one remained.

Options were introduced for foreign children born in Spain and children of people who had lost their Spanish citizenship. Corresponding declarations were to be submitted to the local registry office or consulate within one year of reaching the age of majority.

Naturalizations, as a discretionary decision of the Jefe del Estado, now extended to women (until 1975) and minor children. Foreign citizenships had to be given up and an oath of allegiance had to be taken. Usually ten years of residence in the country were possible. For people who were economically or culturally important, this period could be reduced to two years. For Latin Americans, Filipinos and people with a Spanish spouse, two years was sufficient.

The Register Act was amended in 1957. Naturalizations were still to be entered there.

Between 1959 and 1979, new agreements were signed with twelve Ibero-American countries, which guaranteed mutual preferential treatment and dual citizenship of the respective citizens.

statistics

The existing numbers of naturalizations show for five-season periods 1960/64: 767, 1965/99: 1162, 1970/74: 2204. Half of these came from countries of the European Community as they were at that time.

Local citizenship

Certificate of origin ( cédula de vecindad ) as proof of local citizenship of a Spaniard from Barcelona, ​​1868.

The acquisition of local citizenship ( vecindad ) was automatically linked to the acquisition of Spanish citizenship.

This was regulated in § 44 of the Aliens Act of November 17, 1852. The implementation regulation mentioned there was never issued. There were therefore no fixed deadlines or specific regulations beyond the taking of the oath of allegiance. Other requirements, especially waiting times, were handled differently and flexibly. In general, some level of integration was expected, e.g. B. Marriage and children with a Spanish woman. Often it was enough to own a business.

Amendment to the law in 1916

In 1916, a mandatory residence requirement of five years was introduced for the latter, and ten years for all others. The now established official channel of a naturalization application to be submitted to the local court required statements or information from the public prosecutor, the central registry office, the ministers of state and the state council as well as the minister of the interior (ium) before it was submitted to the minister of justice for final approval. Only then did the locally competent judge approve the registration in the registry office and have it published in the official gazette. The naturalization had to take place by law if all the prerequisites were met. However, there was no legal action against rejections.

The effect of the change in 1916 was that, by reversing the order, there was no longer any tacit acquisition of Spanish citizenship, but only after express approval.

The immediate reason for the restriction was the infiltration of several thousands of Central European conscientious objectors who got themselves to safety by quickly acquiring the citizenship of the neutral country.

Colonial empire since 1898

Spanish territories in Africa 1950.

After the short war of conquest in 1898 , which was victorious for the USA , the Americans received Cuba , Puerto Rico, and the Philippines . The Paris Treaty of 1898 contained hardly any clauses on citizenship. The islands were administered by the Bureau of Insular Affairs , a division of the War Department.

Philippines

It was not until the Philippine Autonomy Act of 1916 that a legislature was created that was allowed to define Filipino citizenship for residents of the archipelago.

Puerto Rico

The Foraker Act invented in Sec. VII the "Puerto Rican Citizenship," with limited rights. Full US citizenship for Puerto Ricans (including those in the former Spanish Virgin Islands ) was proposed in 1912/13, but rejected. It was not until the Jones – Shafroth Act 1917, enacted when the American entry into World War I was foreseeable, that restricted US citizenship , including conscription, was granted. The Nationality Act 1940 and the Constitution 1952 brought more equality retrospectively for those born before 1941. A Puerto Rican citizenship was expressly maintained until today. Law 132 of 1997 defines its owner as “any US citizen [“ national ”] residing on the island.” The Certificado de Ciudadania Puertorriqueña has been valid in Spain since 2007 as proof of Latin American ancestry. Its owners can be naturalized in a simplified procedure.

Pacific islands

The islands in the Pacific that remained in Spain were sold to the German Empire in 1899 , for which its colonies remained abroad under constitutional law. The German legal situation made it possible for the colonial “wards” to acquire full nationality only in exceptional cases until 1913.

Overseas Provinces 1956–75

A special ordinance was issued at the end of 1947 with regard to the naturalization of blacks in the possessions on the Gulf of Guinea.

From 1956 the remaining colonial areas, namely the economically insignificant Ifni and Western Sahara and, from 1956 in the Gulf of Guinea, the Provincia Española del Golfo de Guinea, which in 1959 became the Provincia del Golfo de Guinea ( on the islands) as well as Provincia de Fernando Poo and on the mainland Provincia de Río Muni. The latter became independent in 1968 as Equatorial Guinea. Its residents were given the same nationality rights in Spain in 1977 as the privileged Ibero-American foreigners.

Morocco

The Arab residents of the Spanish Moroccan Protectorate established in 1912 remained subjects of the local sultan. Jewish subjects could, however, receive special ID cards that brought their status closer to that of Europeans.

In 1931 the naturalization waiting period for people living here was shortened to two years instead of the general ten. In view of the upcoming independence in 1958, Spain allowed the mass naturalization of those Moroccans who lived in the Spanish heartland in 1957.
Ifni became Moroccan in 1969.

The question of citizenship of the inhabitants of the Western Sahara has not been clarified since 1976.

Governments in exile from 1939

As part of the retreat ( La Retirada ), 475,000 Spaniards fled to France from the end of January 1939. A good 350,000 were interned as "undesirable foreigners" according to the regulations issued under Édouard Daladier in concentration camps in the south of France until their labor was needed due to the war. The 150,000 people who were still in love in the country in May 1945 were recognized as Nansen refugees .
The republican government-in-exile initially had its seat in Paris, as had the Basque government-in-exile since 1936. Then 1940-46 they worked from Mexico City. It was recognized in 1945/46 by some Central American and Eastern European governments, but not by any major power. Passports continued to be issued. At that time, Mexico, under its presidents Lázaro Cárdenas del Río and Manuel Ávila Camacho, took in a good 30,000, mostly well-educated, Spanish refugees, most of whom were naturalized without hesitation. Those exiled before the victorious Franco ( trasterrados ) were not expatriated by him. Those who had served in a foreign army in the world wars could regain Spanish citizenship. The international diplomatic boycott of Franco ended in 1950. If the exiles remained Spanish, they received documents in the consulates.

Since 1975

The years 1974–77 brought net immigration for the first time, with around three hundred thousand emigrants returning home.

1978 Constitution

Art. 11 of the constitution contains a general prohibition on depriving native Spaniards of citizenship. However, it was not until 1995 that the Spanish penal code removed the possibility of citizenship revocation following a court ruling introduced in 1944. Article 42 of the constitution obliges the government to endeavor to protect Spaniards abroad and to support their return. The Emigration Council ( Consejo General de la Emigración ) has existed as an advisory body since 1985 .

With naturalized persons ( nacionalidad por carta de naturaleza ) the withdrawal is z. B. still possible when serving in a foreign army or as a foreign civil servant. Likewise, in the event of conviction for serious crimes and, since 1991, for fraudulent information in the proceedings, naturalization can be revoked by a court judgment. In 2003 the three-year stay abroad was added, while simultaneously using a foreign citizenship.

Civil Code

The provisions on nationality were adapted as early as 1975 to ensure equality between the sexes and children out of wedlock. The formulations were revised to be more gender-neutral in 1981 and 1991.
The amendments to the Spanish Civil Code regarding equality for women in 1975, for example, had an indirect impact on the practice of acquiring and losing citizenship. B. the abolition of the need for a husband's permission ( licencia marital ) for legal transactions to be effective. The age of majority was reduced to 18 in November 1978. Divorce has been possible since 1981. Same-sex marriage, including the possibility of joint adoption of children, has been enshrined in Spanish law since 2005 .

Dual statehood is permitted for native Spaniards if, within three years of accepting a foreigner, they declare their will to want to keep their Spanish citizenship. Due to the birthplace principle, which is strong in Latin American countries and at the same time easier access to Spain, the retention and thus the permitted dual statehood was extended to include the acquisition of Andorran or Portuguese citizenship as well as that of Equatorial Guinea or if corresponding mutual agreements exist. The obligation to register a foreign residence at the consulate was omitted. The numerous descendants of Italians who have emigrated to Argentina and who, under Italian law, are entitled to an Italian passport and thus an EU settlement permit in Spain, have been treated like Argentines since 2019 and can therefore be naturalized after the shorter waiting period of two years become. The ECJ had already decided the question of recognition as such.

You become Spanish by birth ( nacionalidad originaria ):

  • with a Spanish parent, or
  • if born in Spain to a foreign parent born in Spain (“double” ius soli ) or
  • if no other citizenship is acquired under national law or statelessness would arise.
  • Foundlings and, since 1982, minors adopted by Spaniards.

Insofar as there are options, they are compared to Hardly changed in 1954, but in 2003 the deadlines were extended to two years. Spaniards abroad with citizenship from birth onwards have not lost it when they come of age since 1981 if they have a second citizenship.

Naturalization requirements are:

  • Age of majority (from 14 independent application, with the consent of the legal representative)
  • Ten years of legal permanent residence in the country, which must also be present when applying.
    • Until 2018, a total of six months abroad could not be exceeded during this period. Since then, the duration of any stay abroad may not exceed six months. (For the simplified naturalizations or three months).
    • For EU citizens, the period begins on the day of entry, not with the mandatory registration at the Registro Central de Extranjeros.
  • Good repute and behavior ( buena conducta cívica ) must be proven. This is primarily done through a clean extract from the criminal record, but not solely dependent on the latter and “sufficient integration” into Spanish society.
    • The CCSE is a naturalization test introduced a few years ago on culture, history, political system and the like. Since 2002, a language test ( DELE A2, reformed 2020) has to be taken, provided that the applicant has not acquired at least a Spanish secondary education qualification . Since 2019 there have also been facilities for the elderly, the disabled and the illiterate.
    • According to regular jurisprudence, polygamy is a sign of a lack of integration and therefore a reason for rejection.
  • Abandonment of foreign nationalities (except in the cases mentioned).

The two-year waiting period for facilitated naturalization, analogous to the rules of 1954, exists for Latin Americans, etc. Since 1981, the period has been for spouses, widows, optants who missed their deadline, people with a grandparent who was Spanish from birth, etc. shortened to one year. The group of beneficiaries was changed slightly in 1991 and 2003.

The official channel begins with the application to the Registro Civil. A hearing is also held with an official there or in front of a judge in order to determine whether the applicant is sufficiently integrated. If a positive preliminary decision is made here, the file is forwarded to the Ministry of Justice, which may send further documents or reports, e.g. B. requested by the public prosecutor or the secret service ( Centro Nacional de Inteligencia ). The applicant may then be summoned to the local police station for interrogation. After the decision in the Ministry of Justice, the case is passed back to the registry office. The prescribed processing period of one year is rarely observed. Denials for reasons of national security or public interest are discretionary. After a positive decision, the applicant must appear in person within 180 days in order to formalize the entry. The oath of allegiance has naturally been taken on the King and the Constitution since 1982. In special cases, the Minister of Justice can arrange for a Decreto Real that allows naturalization without any preconditions.

Naturalizations obtained through false information can be revoked. The constitution forbids naturalized citizens to act as guardians of a minor king.

Reasons for loss have been, since 1981, the voluntary acceptance of a foreign nationality (as an adult) after at least three years abroad. Dismissal can also be done by giving up, if statelessness does not result. There are no layoffs during wartime.

Re-acquisition by declaration at the registry office is possible (1981–91 “after one year of residence in Spain”), giving up the other nationality, provided that the Spanish citizenship was not given up after the age of 14 to avoid military service. In view of the abolition of compulsory military service in 2001, the latter provision was changed in 2003 to “served illegally in a foreign army” or provided false information when initially discharged. During a five-year transition period in the early 1990s, reacquisition was also facilitated by declaration to compensate for certain inaccuracies in the old laws in the application of the provisions on loss. This option, which finally expired in 1997, was reintroduced into law in 2002 for an unlimited period.

Civil register

The 2011 reform was fundamental. Since then, the directory has been kept centrally for the whole country. It is no longer event-related but person-related. Changes to citizenship or vencidad civil are also entered. Naturalizations only become legally binding when they are registered.
The still existing home law ( vecindad civil ) is still important for the application of regionally different special laws . Acquisition today typically requires two years of residence and registration on application or ten years of non-registration.

Anyone who was incorrectly entered as a Spaniard in the civil register has been able to acquire citizenship since 1990 simply because he has lived as a Spaniard for ten years without objection. This regulation is particularly important for Equatorial Guineans and Sahauris, who entered the country without documents when the colonial administration collapsed.

statistics

The number of naturalizations on application increased sharply from 2005. Between 2007 and 2010 it doubled to 123,000, a number that doubled again within three years. This was due to the fact that most of the guest workers who had come in large numbers since 1995 had fulfilled the waiting period. Between 60 and 70% of the new citizens come from Latin America. The only other large group are Moroccans, of whom over 140,000 were naturalized in 2003–13. From 2014 the number of applications fell back to below 100,000 annually.

Special regulations

Military personnel

The proportion of foreigners in the Spanish Foreign Legion ( Tercio de Extranjeros ), now Legión Española , founded in 1920 , was never more than a quarter. Of the 4,304 volunteers by 1930, 1,085 were Portuguese, 912 German and 546 Cubans. When the association was restructured into a purely voluntary unit in 1970, foreign legionaries were still allowed naturalization after just two years. From 1980 onwards only Hispanic Americans were accepted, and from 1986 onwards no foreigners at all.
Since the abolition of compulsory military service in 2000, foreigners have been allowed to serve as temporary soldiers for six years. There are no special rules for facilitated naturalization, but they are on an equal footing with Spaniards in service. Since only the already privileged Hispanic-American nationalities are allowed to register, this does not result in any disadvantage. At the same time, the period of service is equivalent to a secondary school diploma, so that the naturalization exams do not have to be taken.

Spaniards abroad

The constitutional mandate for the protection of emigrants was fulfilled in 2006 with the law on citizenship abroad ( Estatuto de la ciudadanía española en el exterior ). This brought improved social security, but not yet the eased re-naturalization that was actually planned.

Law to come to terms with historical injustice

The law commonly known as Ley de Memoria Histórica , passed in late 2007, was fierce for years and was rejected by the Conservatives. It enabled u. a. Descendants of the first generation of Spanish civil war refugees or members of the international brigades as well as at the time of the so-called "Franco dictatorship" until 1955 (Spain's admission to the UN) exiles access to Spanish citizenship through registration. Applications were accepted one year after they came into force for a period of three years. 503,439 applications were received, of which 446,277 were approved. 95% were from Latin Americans, mostly from Cuba and Argentina.

Special laws for Sephardic Jews

1924

A Decreto Real from Prime Minister Miguel Primo de Rivera of December 20, 1924 allowed the easier naturalization of descendants of the Sephardic Jews expelled in 1492. About 3,000 people made use of this option. It was repealed soon after his death in 1930. The repeal was not widely known, so that Spanish consuls in Hungary, Greece and Egypt granted consular protection to Sephardic Jews of these countries during World War II.

2015

The special law for Sephardic Jews of 2015 allows them, if they can prove a relationship with Spain ( una especial vinculación ) and pass the language and naturalization test, the acquisition of citizenship without a residence requirement while retaining another citizenship. In contrast to similar Portuguese law enacted in the same year, the application deadline was 30 September 2019.

Proof of eligibility is u. a. a surname according to the official list, language skills in Haketia or Ladino and a certificate from the chief rabbi at the place of residence. By March 2018, 6,432 applicants had started the laborious process. After that, the numbers exploded: before August 31, 2019, 60,226 applications had been submitted, in the following month by the closing time on September 30, a good 70,000 more followed, so that the total number rose to 132,226. By then, 31,222 applications had been approved. It was found that around a quarter of the applicants were not practicing Jews. In May 2020, the deadline for applicants to take the exams was extended to the end of September 2021.

Asylum seekers and illegal migrant workers

Spain ratified the Convention on the Status of Refugees in 1978 and the Convention on the Status of Stateless Persons in 1997.

Since around 1995, Spain has seen a sharp increase in illegal labor migration, mainly from North Africa. On the one hand, these people are welcome for poorly paid agricultural workers, on the other hand, one tries to master the flood of refugees with the help of Frontex . In order to regularize the residence status of illegals, a first law was passed in 2000. They are to be integrated through simplified naturalization requirements, such as the waiting period for recognized refugees reduced to five years.

See also

literature

  • Aliberti, Davide; Álvarez Chillida, Gonzalo [fore.]; Sefarad: una comunidad imaginada (1924-2015); Madrid 2018 (Marcial Pons Historia); ISBN 9788416662265
  • Álvarez de Linera Granda, Pablo; Adquisición de la nacionalidad española: adaptado a la “Ley de la memoria histórica;” 2009
  • Álvarez Rodríguez, Aurelia [ed.]; Colegio de Registradores de la Propiedad y Mercantiles de España; Jornadas sobre nacionalidad y extranjeria; Madrid 1994 (Civitas); ISBN 848726297X
  • Álvarez Saavedra, Félix José; Historia del pasaporte español; Madrid 2017 (Fundación Policía Española); ISBN 9788469760925
  • Badosa Coll, Ferran; Comentarios a las reformas de nacionalidad y tutela: Ley 51-1982 de 13 de julio de 1982, y ley 13-1983, de 24 de October 1983; Madrid 1986 (Tecnos)
  • Bastaki, Jinan; Reading History into Law: Who Is Worthy of Reparations? Observations on Spain and Portugal's Return Laws and the Implications for Reparations; Islamophobia Studies Journal, Vol. 4 (2017), № 1, pp. 115–128
  • Cano Bazaga, Elena; The instrucción de 14 de April 1999, de la DGRN, sobre certificado de nacionalidad española; Revista Española De Derecho Internacional, Vol. 52 (2000), № 1, pp. 289-291
  • Carrascosa González, J .; Derecho español de la nacionalidad; Granada 2011
  • Eckl; Spain; in: Basedow, Jürgen; Transsexuality, nationality and private international law; Tübingen 2004 (Mohr-Siebeck), pp. 69-73; ISBN 9783161484995
  • Espinar Vicente, José María; Nacionalidad y la extranjeria en el sistema juridico español; Madrid 1994 (Civitas); ISBN 8447003558
  • Fradera, Josep Maria; Imperial nation: citizens and subjects in the British, French, Spanish, and American empires; Oxford 2018; ISBN 9780691167459
  • Golías Pérez, Montserrat; Herederos de la ciudadanía: los nuevos españoles a través de la ley de la memoria histórica en Cuba y Argentina; Barcelona 2016; ISBN 9788498887624
  • González de Andía, Manuel; Principes généraux du droit de la nationalité en Espagne par comparaison avec ceux du droit français; Paris 1934 (Rousseau et Cie.)
  • Hampe, Karl-Alexander; The citizenship law of Spain, Portugal and Ireland; Frankfurt 1954-60 (Metzner); [in the supplementary volume of German exercises of the legal texts of 1954/5 and the agreements.]
  • Lozano Serralta, Manuel; Nacionalidad: resumen de la doctrina de la direccion general de los registros; Revista Española de Derecho Internacional, Vol. 3 (1950), № 3, pp. 895-930
  • Marín López, Antonio; La nacionalidad de la mujer casada en derecho español; Revista Española De Derecho Internacional, Vol. 29 (1976), no. 2/3, pp. 397-417
  • Martín Pérez, Alberto; Moreno Fuentes, Francisco Javier; Dealing with Loopholes in National and EU Citizenship: Spanish Nationality in the Case of Western Sahara; in: Guild, Elspeth (ed.); Reconceptualization of European Union Citizenship; Leiden 2004 (Brill), pp. 149-66
  • Miaja de la Muela, Adolfo; Los convenios de doble nacionalidad entre España y algunas republicas americanas; Revista Española De Derecho Internacional, Vol. 19, № 3, 1966, pp. 38-410
  • Ortiz Urruela, José Antonio; La cuestión de nacionalidad de hijos de español; slsn [? 1861]
  • Rigo Vallbona, José; Extranjería y nacionalidades: lo que debería saber todo extranjero si quiere residir, trabajar o invertir en España; sl 1978
  • Ulrich, Hans; d'Oliveir, Jessurun; Iberian Nationality Legislation and Sephardic Jews: 'With due regard to European law' ?; European Constitutional Law Review, Vol. 11 (2015), pp. 13-29

Individual evidence

  1. ^ Olaf Kroon: The Constitution of Cádiz (1812). Spain's leap into the modern age, mirrored in the constitution of the Electorate of Hesse from 1831. De Gruyter, Berlin / Boston 2019, ISBN 978-3-11-062754-1 , p. 59f.
  2. ↑ Cf. … las Còrtes generales y extraordinarias, deseando arreglar la concesion de cartas de naturaleza y de ciudadano à las disposiciones que establece la constitucion de la monarquia, han venido en decretar y decretan 1813-04-13.
  3. ↑ History: El Registro Civil de 1841-1870, 30 años de provisionalidad
  4. ↑ Ley Provisional 2/1870, de 17 de junio, del Registro Civil y del Reglamento para la ejecución de las leyes de matrimonio y Registro civil, de 13 de diciembre de 1870. German translations in Hampe (1954), p. 29– 37.
  5. ↑ Further reading: Lapradelle-Niboyet in Répertoire de droit internationale, Vol. IX (1931).
  6. ↑ Real Decreto de 24 de julio de 1889, por el que se publica el Código Civil. Art. 17-28: Título I. De los españoles y extranjeros.
  7. ↑ Art. 23-4. German Ex. In Hampe (1954), p. 43f.
  8. ↑ eg Reglamento para el Registro de plantear Nacion Alidad de los Españoles y domiciliados transeuntes en el Extranjero: conforme a la nueva Ley de Registro Civil 1,871th
  9. ↑ Introduced in 1931, repealed by a decree of May 28, 1938 (BOE № 586, May 31, 1938; administrative instructions for this, BOE № 337, Dec. 31, 1939.).
  10. ^ Constitution of December 9, 1931. Spain - Constitutional provisions on citizenship; Journal for Foreign and International Private Law, Vol. 6 (1932), p. 261 f.
  11. ↑ Ley de 15 de julio de 1954. Modifica los artículos 17 a 27 del Código Civil, en materia de nacionalidad. BOE № 197, de 16 de julio. (German trans. In Hampe (1960), pp. 17-22, on this Ordinance on the Adaptation of the Civil Register Act, pp. 23-30.)
  12. ↑ Ley del Registro Civil de 8 de junio de 1957. Especially §§ 220-37. It remained essentially unchanged until 2011.
  13. ↑ Dt. Ex. The treaties with Chile, Peru and Paraguay in Hampe (1960), pp. 31–43.
  14. ↑ La naturalización española por titulo de vecindad; Revista general de legislación y jurisprudencia, 1917, p. 290.
  15. ↑ Complete section after: Schwartz, Gustav; Right of citizenship in Germany and abroad since 1914; Berlin 1925 (Springer), p. 112 f., 280-5.
  16. ↑ On the war-related migration between Spain and France during the World War, cf. Exile and Migration (Spain) .
  17. ↑ Further reading: Aizpuru Murua, Mikel; Ciudadanía e inmigración. Los exiliados rusos en España, 1914-1936; Ayer, № 78 (2010), pp. 171-93.
  18. ↑ Art. 9: Native mainland Spaniards were allowed to stay in the ceded areas. Only they, not those born in the colonies, had the option to declare their loyalty to the Spanish king within a year. Full text: Wikisource .
  19. ↑ 8 USC 1402: Persons born in Puerto Rico on or after April 11, 1899. June 27, 1952, ch. 477, title III, ch. 1, §302, 66 Stat. 236.
  20. ↑ According to the sp. Civil Code as amended by Ley Organico 4/2000, in conjunction with the circular of the Ministry of Justice RDGRN 25-06-2007. (Detailed: Acosta Pumarejo, Enrique; La eficacia y alcance del Certificado de Ciudadanía Puertorriqueña . (2013-08-30))
  21. ↑ In addition, the highest decree, regarding the declaration of protection over the Carolines, Palau and Marianas RGBl. 1899, № 36, p. 541.
  22. ↑ Reference is made to the acquisition of local citizenship in accordance with Section 17 (4) of the Civil Code. Order de 21 de noviembre de 1947 relativa a la declaración de vecindad en nuestos Territorios del Golfo de Guinea de los indigenas extranjeros de raza de color. BOE № 329, Nov. 25, 1947, pp. 6282f.
  23. ↑ After taking up residence in Spain on application for state approval (according to Real Decreto July 27, 1919). The ordinance of Feb. 11, 1946 eliminated the requirement for a permit. As of September 12, 1946, he did not take up residence.
  24. ↑ On the one hand there were migrant workers who lost their jobs in Europe after the 1973 oil crisis , on the other hand they were returnees who felt safe again after Franco's death. There were also a few returnees from the abandoned colonial property, Western Sahara and Spanish Guinea .
  25. ↑ Overview of regulations issued (as of 2012).
  26. ↑ Ley 14/1975, de 2 de mayo, sobre reforma de determinados articulos del Codigo Civil y del Codigo de Comercio sobre la situacion juridica de la mujer casada y los derechos y deberes de los conyuges. (BOE, May 5, 1975).
  27. ↑ BOE 9413-9419. 5 de mayo de 1975
  28. ↑ Ley 18/1990, de 17 de diciembre, sobre reforma del Código Civil. German Ex. Spain (extract) Law 18/1990 of December 17, 1990 on the reform of the Código Civil in the field of citizenship. Rabel's Journal for Foreign and International Private Law, Vol. 55 (1991), pp. 568-79.
  29. ↑ Judgment of 7 July 1992, Case C-369/90, Mario Vicente Micheletti and others vs. Delegación del Gobierno in Cantabria .
  30. ↑ Controversial and object of several supreme court decisions was the definition of what “residence” meant. Either the strict one that a foreigner-legal residence permit had to be available or the more lax one, which accepted any permanent residence that was not obviously illegal (e.g. existence of an expulsion order) if a residence permit was then available when the application was made. Since 2003 there has been a tendency towards the latter view.
  31. ↑ Section 220 of the Civil Register Act only requires knowledge of one of the official languages.
  32. ↑ Until 2015, language skills and social studies skills were tested; today you have to pass tests.
  33. ↑ Ley 20/2011, de 21 de julio, del Registro Civil.
  34. ↑ Responsibility with the Dirección General de los Registros y del Notariado. 2014/5 Merger with other registers of the Colegio de Registradores de la Propiedad, Mercantiles y de Bienes Muebles de España.
  35. ↑ "la sujeción al Derecho Civil común o al o especial foral se determina por la vecindad civil" (Art. 14 Civil Code).
  36. ↑ Ley 55/1968 General del Servicio Militar in conjunction with the Reglamento del voluntariado en La Legión, Sept. 11, 1970.
  37. ↑ Ley 19/1984 del Servicio Militar together with implementing ordinance, in conjunction with Real Decreto 611/1986.
  38. ^ Orden Ministerial 217/2004, Dec. 12; in the Boletín Oficial de Defensa, Jan. 5, 2005.
  39. ↑ Appendix I to Real Decreto 1244/2002 of November 29th, (amended by RD 2266/04, of December 3rd). Of the 3,531 foreigners serving in 2006, a good 2,800 were soldiers from Ecuador and Colombia. The proportion of foreigners reached 5440 in 2008, that is 6.7% of the army. It fell rapidly in 2012–15 to only 321. (Further information: Arribas, José; del Val Cid, Consuelo; Mañas Ramírez, Beatriz: Inmigrantes latinoamericanos en las fuerzas armadas: discursos sobre nacionalidad y ciudadanía. In: Revista Internacional de Sociología , Vol . 77 (2019), p. 127. )
  40. ↑ Ley 40/2006 , Dec. 14.
  41. ↑ Ley 52/2007, de 26 de diciembre, por la que se reconocen y amplían derechos y se establecen medidas en favor de quienes padecieron persecución o violencia durante la guerra civil y la dictadura. BOE, Dec. 27, 2007.
  42. ↑ They had already had the right to naturalization since 1996 ( Decreto Real 39/1996), but given up other nationalities.
  43. ↑ Ley 12/2015, June 24th.
  44. ↑ Based on, but not exhaustive, the list of Decreto Ley of December 29, 1948. In addition, DGRN service instructions of May 16, 1983.
  45. ↑ 132,000 descendants of expelled Jews apply for Spanish citizenship (2019-10-02).
  46. ↑ Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España. Changed and supplemented several times.

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