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What it is

Bill to declare Franco-era courts and their rulings null and void

Amendments step 3 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 July 2017. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill for the legal reparation of the victims of Francoism through the declaration of nullity and illegitimacy of the courts constituted during the civil war and Francoism, as well as of their issued sentences.

Source: Congreso de los Diputados, file 122/000122· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would declare illegitimate and null the courts, juries and any other criminal or administrative bodies set up during the Civil War to impose convictions or sanctions for political, ideological or religious reasons, as well as their rulings.
  2. It would also declare, in all cases, the illegitimacy and nullity of the Court for the Repression of Freemasonry and Communism, the Public Order Court, the Courts of Political Responsibilities and the Courts Martial set up for those reasons, for violating the right to a fair trial.
  3. In addition, it would declare null the convictions and sanctions issued during the Dictatorship against those who defended the previous legal order, sought to restore democracy in Spain, or tried to live according to rights and freedoms now recognized by the Constitution.
  4. Within six months of the law's approval, the Government would have to prepare a report on how the Historical Memory Law has been implemented and how victims have used it, to adjust measures to their demands and set up communication channels between authorities, victims and associations. The law would take effect the day after its publication in the Official State Gazette.

Who it affects

  • Victims of Francoism and their families, who would see the convictions and sentences issued by those courts annulled.: Legal reparation: their convictions would no longer be valid.
  • People convicted for political, ideological or religious reasons during the Civil War and the Dictatorship.: Their sanctions and rulings would be declared null.
  • The Government, which would have to prepare a report within six months on the implementation of the Historical Memory Law.: New duty to report and to open communication channels with victims and associations.
  • Victims' associations, which would have communication channels with the competent authorities.: Participation in adjusting reparation measures.

Words worth knowing

Nulidad (nullity)
Something has no legal value at all, as if it had never existed.
Ilegitimidad (illegitimacy)
Something is declared contrary to the law or to justice, even if it is not always annulled.
Consejo de guerra (court martial)
A military court that tried people, mostly civilians, for crimes against the regime.
Proposición de ley (bill)
A text by which a group of lawmakers proposes a new law; it is not yet an approved law.
Ley de Memoria Histórica (Historical Memory Law)
A 2007 law that recognized rights for those who suffered persecution during the civil war and the dictatorship.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 3 of 7 steps. It reached Amendments, and today it is unfinished.

  1. Introduced18 July 2017Someone registers the text in the Congreso.
  2. Admitted5 September 2017The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments24 November 2017Groups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 18 July 2017: Presentación22. 5 September 2017: Boletín Oficial de las Cortes Generales Publicación desde 05/09/2017 hasta 08/09/201733. 5 September 2017: Calificación44. 8 September 2017: Gobierno Contestación desde 08/09/2017 hasta 16/10/201755. 16 October 2017: Pleno Toma en consideración desde 16/10/2017 hasta 14/11/201766. 14 November 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 14/11/2017 hasta 21/11/201777. 21 November 2017: Comisión Constitucional Publicación desde 21/11/2017 hasta 24/11/201788. 24 November 2017: Comisión Constitucional Enmiendas desde 24/11/2017 hasta 05/03/201999. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

14 November 2017

How did the plenary vote?

More votes in favour 174 yes · 130 no · 31 abst.

Voted on: Private member's bill of the Mixed Parliamentary Group, for the legal reparation of the victims of Francoism through the declaration of nullity and illegitimacy of the courts constituted during the civil war and Francoism, as well as of their issued sentences.

Source: Congreso de los Diputados, vote 1 of sitting 85· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, Gcup-ec-em and GER. Against, most of Popular en el Congreso. 3 deputies voted differently from their group.

By province: in 20 most voted in favour; in 15, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 20
  • Against: 15
  • Tie: 17
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
82 in favour · 2 did not vote
Vasco (EAJ-PNV)5
4 in favour · 1 did not vote
Mixto19
16 in favour · 3 against
Ciudadanos32
31 abst. · 1 did not vote
Gcup-ec-em67
63 in favour · 4 did not vote
GER9
9 in favour
Popular en el Congreso134
127 against · 7 did not vote

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.