Law 20/2022, of October 19, on Democratic Memory, establishes the current framework for the recognition and reparation of people who suffered persecution or violence for political, ideological, thought, conscience or religious belief, or sexual orientation and identity, during the Spanish War and the Franco dictatorship, until the entry into force of the Spanish Constitution of 1978. This law promotes moral reparation and the recovery of the personal, family and collective memory of the victims.

Royal Decree 1791/2008, of 3 November, regulated the procedure for declaring reparation and personal recognition to those who suffered persecution or violence during the Civil War and the Dictatorship. However, with the repeal of Law 52/2007, of December 26, which recognizes and extends rights and establishes measures in favor of those who suffered persecution or violence during the Civil War and the Dictatorship, and its replacement by Law 20/2022, it is necessary to adjust and update the normative framework to ensure the coherence and effectiveness of the procedures of reparation and personal recognition.

The repeal of Law 52/2007, of 26 December, and the entry into force of Law 20/2022, of 19 October, have highlighted the need for a new regulation for the declaration of recognition and personal reparation. Royal Decree 1791/2008, of 3 November, must be replaced to ensure greater legal certainty and to adjust the procedure to the new principles and provisions established by Law 20/2022, of 19 October.

This project of royal decree aims to update and regulate the procedure of declaration of reparation and personal recognition for those who suffered persecution or violence during the Spanish War and the subsequent Dictatorship. The proposed regulation seeks to offer a clear and up-to-date regulation that facilitates the processing of these requests and ensures greater fairness and transparency in the process.

The approval of this royal decree aims to increase legal certainty, fill possible regulatory gaps, and specify the procedures and concepts necessary for a uniform application of the Law. This is essential to ensure that the procedure of declaration of recognition and personal reparation conforms to the new legal requirements established by Law 20/2022, of October 19, and is managed in an adequate and transparent manner. They are not considered regulatory or non-regulatory alternatives, since the repeal of Royal Decree 1791/2008 and the adoption of this new regulation are crucial to meet the objectives of updating and regulating the established procedure.

With the entry into force of Law 20/2022, of October 19, it is necessary to develop a new regulation that replaces Royal Decree 1791/2008 to ensure a correct implementation of the measures of recognition and personal reparation. The new regulation will allow an effective adaptation to the criteria established by Law 20/2022, of October 19, ensuring consistency in the recognition and reparation of victims, facilitating collaboration between public administrations and simplifying the requirements demanded of applicants.

The future standard has the following objectives:

1. Repeal Royal Decree 1791/2008, of November 3, and establish a regulation adjusted to the provisions of article 6 of Law 20/2022, of October 19, guaranteeing greater legal certainty.
2. To clarify, simplify and clarify the procedure for obtaining declarations of recognition and personal reparation, in accordance with the new criteria and requirements of Law 20/2022, of 19 October.
3. Ensure fairness and transparency in the processing of applications, providing a coherent and up-to-date regulatory framework.
4. Facilitate collaboration between public administrations for the correct implementation of personal recognition and repair measures.

Alternative, regulatory or non-regulatory solutions to solve the identified problems and meet the expressed needs are not considered possible. The repeal of Royal Decree 1791/2008, of 3 November, and the approval of this new regulation are necessary to adapt the regulatory framework to the provisions established by Law 20/2022, of 19 October. The implementation of this royal decree seeks to guarantee the effectiveness and coherence in the application of the measures of recognition and personal reparation, taking into account the legal requirements and the demands of legal security raised by civil society.