PUSL.- The Supreme Court of Spain has chosen to have a political position contrary to constitutional law. In Judgment 207/2020, of May 29 referring to Appeal (CIP) 3226/2017, the Supreme Court has established that having been born in Western Sahara before 1975 does not give the right to the Spanish nationality of origin, since the territory to the effects of nationality cannot be considered Spain during the period in which it was a Spanish colony.
This sentence has a particular vote of Ms M.ª Ángeles Parra Lucán, with Magistrates D. Antonio Salas Carceller and D. Rafael Sarazá Jimena, who consider that the recognition of the Spanish nationality of origin is not contrary to the doctrine of the Supreme Court and that the appeal should have been dismissed.
Ms M.ª Ángeles Parra Lucán in her vote says:
“the appealed judgment does not violate art. 17.1.c) CC and, on the contrary, it carries out an interpretation of the national law of nationality that is in accordance with the international principles that are part of our legal system (arts. 10 and 96 CE) and that they recognize the right to have a nationality from birth.The appealed judgment, furthermore, bases its foundation on a desirable unitary interpretation of the legal system, since it takes into account the doctrine of the Third Chamber of this Supreme Court that, effects of the recognition of the right to choose Spanish nationality for the abbreviated time of one year of residence to those who were born in Spanish territory, has established, repeatedly, that those born in Western Sahara when it was under Spanish authority, must be considered born in Spanish territory. “
(The full text of the vote can be consulted here)
It is of extraordinary necessity, (the plaintiff could do it) to resort before the Constitutional Court to avoid that Franco’s laws continue to be applied by the Supreme court, contrary to the Spanish constitution. The decree of 1975 and the decree of August of 1976 are unconstitutional, and must be declared null by the Constitutional Court.