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Catalogue of Symbols and Elements Contrary to Democratic Memory

According to Article 35.1 of the Law 20/2022, of 19 October, on Democratic Memory, are considered contrary to democratic memory “buildings, constructions, shields, badges, plates and any other elements or objects attached to public buildings or located on the public highway in which commemorative mentions are made, personal or collective, of the military uprising and of the Dictatorship, of its leaders, participants in the repressive system or of the organizations that supported the dictatorship, and the civil or military units of collaboration between the Franco regime and the axis powers during the Second World War”. It also provides that the public administrations, in the exercise of their competences and territory, shall adopt the appropriate measures for the withdrawal of these elements.

For its part, article 36 provides that the General Administration of the State shall draw up, in collaboration with the rest of the Public Administrations, a catalogue of symbols and elements contrary to democratic memory, to which the data supplied by the autonomous communities shall be incorporated in any case, and shall contain the list of elements that must be removed or eliminated, under the terms of article 35. Its preparation is referred to regulatory development.

In this way, the regulatory development provided for in the fourth paragraph of that article materializes in the Royal Decree 1040/2025, of November 19, which establishes the procedure for the preparation of the Catalogue of symbols and elements contrary to democratic memory and creates the Technical Commission on symbols and elements contrary to democratic memory.

WHO CAN PROVIDE INFORMATION OR REQUEST THE INCLUSION OF A SYMBOL?

1. Autonomous Communities

  • The data supplied be incorporated directly to the catalogue, without the need for the procedure provided for in the royal decree, in accordance with the principles of cooperation, communication and information between public administrations.
  • Within the framework of Territorial Council of Democratic Memoryjoint plans, projects and programmes will be agreed and common documents, data and statistics will be made available

2. Local Entities

  • They can apply for the inclusion of symbols located in its territorial area by means of a reasoned communication addressed to the Directorate-General for the Promotion of Democratic Memory.

3. Victims, relatives and memorialist entities

  • They may request the incorporation of symbols that may affect the honor, dignity or memory of the victims.
  • They can also provide data from studies and research work.

4. Citizenship in general

  • Anyone can report the existence of symbols that must be removed or revised.
  • The Directorate-General will consider initiating a procedure ex officio.
  • The communicating person has the right to be informed about the processing.

WHAT DATA SHOULD COMMUNICATIONS OR REQUESTS INCLUDE?

In order for them to be valued, they must incorporate:

  • Physical description of the symbol or element.
  • Current photography.
  • Exact location.
  • Fundamentally historiographical reasons whereby it must be regarded as contrary to democratic memory
  • Ownership of the property, if known.

Requests should be addressed to the Directorate General for the Promotion of Democratic Memory across General Electronic Registration of the AGE, at the following link: https://reg.redsara.es/

WHAT IS THE PROCEDURE FOR INCLUSION IN THE CATALOGUE?

1. Start of the procedure

  • Can be started ex officio or on request of interested person or entity.
  • The Starting Agreement be notified To the interested persons, to the Autonomous Community and municipality of the municipality where the symbol or element radiates.

2. Report of the Technical Commission on symbols and elements contrary to democratic memory

  • The General Directorate forwards the file to the Technical Commission.
  • The Commission analyzes the case and issues a initial report within one month, in which it pronounces on:
    • if the symbol or element in question is contrary to democratic memory
    • if there are sufficient artistic or architectural reasons for its maintenance

3. Hearing and additional reports

  • The interested persons are given a hearing.
  • In the cases favourable Upon inclusion, reports are requested to:
    • the Autonomous Community,
    • The City Council,
    • and, where appropriate, to the Directorate-General for Cultural Heritage and Fine Arts.

4. Final report

  • If there has been opposition to the initial report, the Technical Commission issues a binding final report.

5. Resolution

  • The Directorate General issues a resolution within a maximum of six months.
  • The resolution may determine:
    • the one disposal of the symbol or element contrary to Democratic Memory
    • her withdrawal, indicating the appropriate deposit; or
    • her maintenance, accompanied by an express statement on the obligation to incorporate a reference aimed at its reinterpretation.
  • The interested parties are notified and transferred to the competent administrations.

RESOURCES

Against the resolution that terminates the procedure, it may be interposed motoring resource before the head of the Secretariat of State for Democratic Memory in the manner and time limits provided for in the Articles 121 and 122 of Law 39/2015, of 1 October

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