"In 2018, the far-left Izquierda Unida party sent a letter to King Felipe VI asking that title of Duke or Duchess of Franco be repressed as a violation of Spain's Historical Memory Law but the power to make or unmake nobility resides solely in the Spanish monarch and is not covered by that law.[2] The Dukedom was granted to the heir apparent, María del Carmen Martínez-Bordíu y Franco, the eldest daughter of the late Duchess, on the same year, as published in the Official State Gazette on 4 July 2018.[3]
The title was abolished on 21 October 2022, under the purview of the Law of Democratic Memory.[4]
So - even though the writer acknowledges the removal of the title in the last paragraph above, they still question the right of removal of the title in the first parapgraph by stating that the monarch alone has the right to remove it. So it seems to me that they question the legitimacy of the Democratic Memory Law for removal of a title.
The religious order is quite conservative, but it really has no say. The negotiations would be with the Vatican.
I have not found any information about the second duchess challenging the law. Can you give the link to the information you have found?
Manuel, thanks for your responses. Yes, I did ask about these Franco era title removals once before but as I also remarked here, this Democratic Memory Law seems to be an ongoing issue with more episodes, and now this latest one last month. Also, the religious order present at the Valley of the Fallen seem ready for their own fight with the present government but perhaps that won't happen if in fact the PSOE do lose national office? Also, as I remarked before to Jose in this thread, it looks as though the Franco family - at least the former duchess - still disputes the legitimacy of the removal of the title under this Law - just judging on the remarks in her Wikipedia description. But yes "we will see".
The PP has promised to abolish this law if it wins. But let us see. It also promised to repeal a previous law passed by the socialist party in 2007 and it did not when they won in 2011.
About Franco and Primo de Rivera’ s removal , those are different cases. The latter had the right to be buried at the Valley because he had been murdered during the civil war. Franco was not a victim, so his remains had to be removed.
But the new law says that no victim shall have a relevant burial place at the basilica . So Primo’s remains should be treated like the rest of victims and leave the central nave. The law also stated the the valley will be transformed into a civil cementery. So, the family preferred to transfer his remains out of the basilica toma family’s pantheon.
Your second question. Yes, the removal of titles is also based on this law. It was discussed on this board when the law was passed.
A thread you started, btw. I think I asked your question back then.
https://members3.boardhost.com/Francoiberian/msg/1660425254.html
Some questions here based just on a news item I read last month on BBC (below link) which describes the incident involving the removal of the remains of the former Duque de Primo de Rivero from its mausoleum at the "Valley of the Fallen":
- Why did the present government wait over three years to do this and not do so at the same time they removed the remains of Francisco Franco back in 2019? If they had the authority and reason to do it for one person then, why did they require this recent "Democratic Memory Law" to remove the Primo de Rivero remains?
- Also, regarding the removal of nobiliary titles, does the present government also rely on this new Democratic Memory Law to remove Franco era titles or is it doing this on another basis? Does the former Duque de Primo Rivero have a right to appeal this loss of his ducal title to the Council of Nobles or to the Spanish high courts/supreme court?
[url=https:// https://www.bbc.com/news/world-europe-65370223 ]https:// https://www.bbc.com/news/world-europe-65370223
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