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ROYAL DECREE PROJECT APPROVING REGULATION LAW 43/1998 OF 15 DECEMBER ON RESTITUTION OR COMPENSATION TO POLITICAL PARTIES OF PROPERTY AND RIGHTS SEIZED IN APPLICATION OF THE REGULATIONS ON POLITICAL RESPONSIBILITIES OF THE PERIOD 1936 1939

Open to the 07/08/2025

In accordance with the provisions of article 133.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, and in relation to article 26.2 of Law 50/1997, of 27 November, of the Government, with the aim of improving citizen participation in the process of elaboration of rules, a public consultation is carried out, prior to the elaboration of the text of the royal decree, on the proposal of a new regulation of Law 43/1998 of 15 December on Restitution or Compensation to political parties of property and rights seized in application of the regulations on political responsibilities of the period 1936 1939.

This regulation responds to the need to update and adjust the normative framework to the provisions established by Law 50/2007, of December 26, amending Law 43/1998, of December 15, on the restitution or compensation to political parties of goods and rights seized in application of the regulations on political responsibilities of the period 1936-1939, in accordance with the provisions of the nineteenth additional provision of Law 20/2022, of October 19, on Democratic Memory

In accordance with the provisions of the Agreement of the Council of Ministers of 30 September 2016, which issued Order PRE/1590/2016, of 3 October, and in order to facilitate participation in the public consultation, the following information is provided on the background of the regulation, the problems that are intended to be solved, the need and opportunity for its approval, its objectives and possible alternative solutions, both regulatory and non-regulatory.

Law 43/1998, of December 15, in its original version, had a regulatory development in the RD Royal Decree 610/1999, of April 16, which approves the Regulation of the same.

Subsequently, the aforementioned Law 43/1998, of December 15, has been modified by Law 50/2007 of December 26, and by Royal Decree-Law 1/2025, of January 28, which approves urgent measures in the economic, transport, social security, and to deal with situations of vulnerability.

Adaptation to the current regulations for the processing of claims by political parties for the restitution or compensation of seized goods and rights, in accordance with Law 43/1998, of December 15 and its modifications, also establishing new deadlines in accordance with the provisions of the nineteenth additional provision of Law 20/2022, of October 19, on Democratic Memory

In direct compliance with the provisions of the first final provision of the aforementioned Royal Decree-Law 1/2025, of 28 January, regarding the regulatory development of Law 43/1998, of 15 December, which establishes its first final provision, and consistent with the provisions of the nineteenth additional provision of Law 20/2022, of 19 October on Democratic Memory.

The objectives pursued by the Royal Decree are the following:

  1. Promulgate a new regulatory development of Law 43/1998, of December 15, on Restitution or Compensation to Political Parties of Seized Property and Rights in application of the regulations on political responsibilities of the period 1936-1939.
  2. Establish time limits, procedures, resolution bodies and appeals for resolutions on claims for seized property and rights of political parties in application of the regulations on political responsibilities of the period 1936 -1939
  3. Clarify and simplify the processing of these claims

The promulgation of a new regulatory development derives from legal obligations and there is no possible regulatory alternative.

Based on the above considerations, a period of prior public consultation on the possible content of the planned royal decree is opened.

Duration of the consultation: 15 natural days.

Natural or legal persons interested in making proposals for a royal decree of regulatory development of Law 43/1998, of 15 December may send them to the following e-mail address: sg.ayudavictimas@correo.gob.es