SEPHARDIC CITIZENSHIP CANNOT BE REJECTED AFTER SIGNING AT A NOTARY, ACCORDING TO ARTICLE 2 LAW 12/2015
In the past weeks, we have published several videos explaining the legal and constitutional reasons why we understand that the certificates on Sephardic origin issued by the US Communities to people from outside that country, would be fully valid, as they fit within the different types of reliable evidence that proves the Sephardic origin of applicants for Spanish nationality provided for in article 1 of Law 12/2015.
There we said that no Instruction, Circular, Ministerial Order, Royal Decree and regulation or administrative act inferior to the Law, by the principle of normative hierarchy of article 9 of the Constitution, can contradict the Law, which very clearly establishes 7 or 8 types of proof of Sephardic origin.
Well, in addition to the above, article 2.4 of Law 12/2015, establishes nothing less than the following: “4.- Received the certificate of notoriety, which will attest to the accredited facts, the General Directorate of Registries and The Notary Public will require reports from the corresponding bodies of the Ministry of the Interior and the Ministry of the Presidency -that is, a certificate of Spanish criminals and the National Intelligence Center-, resolving in a motivated manner declaring, where appropriate, the ESTIMATION OF THE APPLICATION ” .
The wording of the precept is super clear: if the person does not have a criminal record in Spain and does not pose a “danger to the country” (very few applicants for citizenship have a criminal record in Spain, as 99% of them live abroad), then the Ministry must ESTIMATE THE APPLICATION, that is, GRANT NATIONALITY.
Article 3.1 of the Civil Code establishes that legal norms will be interpreted “according to the proper meaning of their words” (literal interpretation).
And article 2.4 of Law 12/2015 says very clearly that if there is no criminal record and the Notary Public has sent the Notoriety certificate to the Ministry of Justice, very emphatically, it can only grant the request, “ESTIMATE OF THE APPLICATION”.
Clearer, the water
Conclusion: if a notary has accepted a file with a certificate from the US, a Colombian, Venezuelan, Mexican…. Jointly evaluating the Sephardic means of evidence of article 1 of Law 12/2015, and sending the certificate to the Ministry of Justice, if the applicant does not have a criminal record in Spain, the Resolution of nationality can only be “estimatory”.
No Circular, Instruction, Royal Decree, Ministerial Order, etc, can go against a Law, as it would be illegal and unconstitutional, outright.
We can help you with your files, one procedure or another and, if you signed at the notary for more than a year with the 2015 Law, we can defend you with the contentious appeal as well ( ? v = qfnFs …)
Kind regards,, Bezrat Hashem
César David Ciriano
Abogado.
Doctor en Derecho
(www.nacionalidadsefardies.es y
Dirección: Calle Valencia 367, Barcelona, Spain
(www.abogadoextranjeríabarcelona.com y nuestro canal de Youtube de sefardíes: Y Extranjería, con más de 300 videos publicados :
You can send to us an email to: cciriano@icab.es , y a +34 615 53 75 72, with your case explained and the one of your friends and family, and we will help you in the process
See our video in our Sephardic Channel: