Re: A Primo de Rivera exception or not?
the last point is the easiest to answer. No , the Council of Nobility (diputación de la grandeza) has no say at all. It is an advisory body concerning inheritance and rehabilitation, but not to challenge a law.
The holder has very few grounds to appeal what a law says. It could only deny that the first holder of the title was linked to the Franco's regime, which is the cause to abolish these titles. But I am not sure about the result of that appeal. A title is not a fundamental right. So, hardly a cause for the constitutional court. Except if is could be considered a kind of property, but...
If the law only estated that those titles related to Francoism will be abolished and the list later published in a Royal Decree, then holders of those titles could go before the Courts. Courts can deal with acts of the Government (Royal Decrees or other dispositions), but not challenge a law. Courts are to apply the law, not to oppose to it.
OK, I didn't know before this that were two titles in the wider Calvo Sotelo family and now the dukedom is probably going to disappear. But, I'm not sure what you're saying about the Bill itself - I understand that it becomes law and those titles will then disappear, but didn't you also say that the invididual titleholder will have a right to appeal? Is that to the constitutional court? Do you think the appeal will be based on the grounds of the individual family history? Does the council of the nobiliary have no voice in any of this situation?
The former PM was created a Marquess and Grandee by King Juan Carlos.
The Dukedom was granted by Franco posthumously to another Calvo Sotelo, who was a deputee and leader of the monarchist party and was murdered in 1936. Actually, his death was the “trigger” for the coup in July 1936.
So, both titles belong to different branches of the family. The First Duke was the I Marquess’ uncle.
Your second question. You cannot appeal a bill. And once it becomes law, no possibility to appeal it before the Courts. Only before the Constitutional Court.
This is very extensive - over 30 names. Another one I find notable is Duke of Calvo Sotelo, I remember when his father was PM under Juan Carlos. But something doesn't make sense about this because when I checked his profile in Wikipedia it states that he was only made a MARQUES. So which is accurate? Also, is there a deadline for legal appeal before the loss of these listed titles becomes final under this law? Thanks,
List of titles in the bil. Let’s see if there is any modification during the debates. The first intention of the Govt was not to list them in the law , but in a later RD. But then holders could go before the Courts. Being included in the law, that possibility does not exist. Only a possible case before the constitutional court. https://www.eldebate.com/espana/20220719/esta-lista-definitiva-titulos-nobiliarios-grandezas-sanchez-suprimido-ley-memoria.html
Some holders of the titles to be abolished have already shown their disagreement.
This is interesting, because I was also wondering about the Primo de Rivera dukedom. It was in fact created in 1948, so according to your news it will also vanish now with this expected law? I did a little reading on the family - although the original duke was also the founder of the Falange movement, on the other hand his grandson was actually an important ally of Juan Carlos in the period of transition to a parliamentary democracy. So - a sad final outcome for the present duke if he is included in this loss of title (although he continues as Marques de Estella, yes?)
It affects titles granted between 1948 and 1978 to people linked to Franco’s regime. All titles granted by King Juan Carlos between 1975 and 1978 are also affected. Only the Dukedom of Fernandez-Mirada will continue to exist.
Thanks for this news and the wider information on their coming loss of titles. Does the new law concern just the Franco dukedom or are there other titles given during the early years of Juan Carlos reign that will also be affected?
The family have lost all cases before the Courts and the property belongs to the state. They even try to keep the mobiliary and other objects inside the property, but they have lost, too.
And, when a bill now in parliament becomes law, the family will lose the nobiliary titles granted to them by King Juan Carlos. So, it seems Luis Alfonso will not be Duke of Franco after his mother.
It was about 2-3 years ago, this incident in Spain with the large villa property that was being occupied by the descendants of Franco and finally the state told them to get out. What happened to the place after that? Did the Franco grandson who was protesting then try to fight them in the courts?
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