Law 20/2022, of October 19, on Democratic Memory, aims to recognize those who suffered persecution or violence for political, ideological, thought or opinion reasons, conscience or religious belief, orientation and sexual identity, during the period between the coup d'état of July 18, 1936, the Spanish War and the Franco dictatorship, until the entry into force of the Spanish Constitution of 1978. Likewise, it promotes their moral reparation and the recovery of their personal, family and collective memory, and adopts complementary measures aimed at suppressing elements of division between citizenship and promoting ties of union around constitutional values, principles and rights.

In this sense, Title II, Chapter IV, Section 1, on symbols, elements and acts contrary to democratic memory, contains the precise regulation on the subject. Article 35.1 states that buildings, constructions, shields, badges, plates and any other elements or objects attached to public buildings or located on the public highway are considered elements contrary to democratic memory, in which commemorative mentions are made, personal or collective, of the military uprising and 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. This consideration extends to references made in place names, in the street or in the denominations of public centres (Article 35.2).

It also provides that the public administrations, in the exercise of their powers and territory, shall take appropriate measures for the withdrawal of such elements, indicating those responsible for it according to the public or private ownership of the place in which they are located and the cases excepted, as well as provisions on the deposit of the withdrawn elements of public ownership.

Specifically, article 36 provides for the preparation of the Catalogue of symbols and elements contrary to democratic memory by the General Administration of the State, in collaboration with the rest of the public administrations. This catalogue will incorporate, in any case, the data provided by the autonomous communities and will contain the list of elements that must be removed or eliminated, in the terms established by the law itself. The procedure for drawing up the catalogue of symbols and elements contrary to democratic memory shall be established by regulation.

The approval of this royal decree seeks the necessary development of the legal provisions of chapter IV of title II of Law 20/2022, which facilitates the implementation of the measures established in the matter of symbols and elements contrary to democratic memory, as well as fulfilling the explicit mandate of Law 20/2022, of October 19, on Democratic Memory, regarding the preparation of the aforementioned catalogue.

The approval of the regulation is intended to increase legal certainty, fill possible regulatory gaps, specify procedures and concepts and ensure a uniform application of the law, always in the interest of ensuring the greatest possible transparency in the actions of the Public Administration.

With the entry into force of Law 20/2022, of 19 October, the need to develop aspects of the law through regulations has been highlighted, especially with regard to the preparation of the catalogue of symbols and elements contrary to democratic memory. This catalogue is an essential instrument for the withdrawal of those elements that, according to the law, are considered contrary to democratic memory and facilitates the obligations of those who are called to withdraw them, favoring the proper collaboration of public administrations.

The future regulation aims to develop Law 20/2022, of October 19, on Democratic Memory, in the aspects required by the aforementioned article 36, with the following immediate objectives:

• Clarify the scope of the obligations provided for in the rule and facilitate its fulfillment, always in order to ensure the greatest possible transparency in the action of the Public Administration.
• Specify and specify deadlines and procedures to achieve greater efficiency and security in the implementation of instruments and measures.
• Specify the elements to be included in the catalogue at the request of other administrations or citizens, as well as the procedure for their inclusion and the effects of it, ensuring objectivity and technical rigor in the process.
• Define and precisely specify the contents of the catalogue.

Alternative solutions, regulatory or non-regulatory, are not considered possible for the resolution of the problems exposed and to meet the needs referred to that respond to the legal mandate exposed, based on reasons of effectiveness and legal security that ensure the development of the law and its uniform and effective application, which is also widely demanded by civil society.