A recent failure of the National Court has put an end to a judicial procedure initiated by a citizen, who had presented a contentious-administrative appeal against the Ministry of Justice due to the alleged rejection of his application for Spanish nationality by residence.
This case stands out as an example of extra-procedural satisfactiona legal figure that allows conflicts to be resolved outside the strictly judicial sphere when the claims of the parties are recognized in the administrative route.
The process began after the lack of response from the Ministry of Justice to the request for Spanish nationality of the affected person, which led to a case of administrative silence negative. Represented by attorney José Andrés Peralta de la Torre, the appellant filed an appeal before the National Court, arguing for the tacit dismissal of his request. This type of resources has become a key tool for citizens whose administrative procedures face prolonged delays or unfavorable resolutions.
The case was admitted for processing on April 11, 2024, starting an ordinary procedure to review the actions of the Ministry of Justice in relation to the appellant’s request.
During the course of the judicial process, the Ministry of Justice sent the court a list of applicants who had been granted Spanish nationality by residence. Among the beneficiaries was the name of the appellantwho finally obtained the favorable resolution he had been waiting for. Given this administrative recognition, the National Court transferred the file to the parties involved so that they could present their allegations.
The plaintiff expressed his agreement with the termination of the procedure, while The State Attorney did not formulate any opposition. This allowed the court to move towards a resolution that would end the process.
The court, chaired by Judge Fernando Luis Ruiz Piñeiro, declared the procedure terminated by extra-procedural satisfaction, as the object of the litigation had been extinguished after the administrative recognition of the appellant’s claims. Consequently, he ordered the filing of the proceedings and the return of the administrative file to the Ministry of Justice. Furthermore, it was instructed incorporation of a literal certification to the resource and the registration of the document in the corresponding book.
Spanish nationality represents a legal bond that unites a person with the Spanish State, granting them fundamental rights and defining their legal status as a citizen. The acquisition of nationality can be carried out through different means, depending on the circumstances of the interested party and the links with Spain.
Naturalization is the process through which a foreign person acquires Spanish nationality. This procedure is open to both citizens of the European Union and those who are not part of it. Spanish law establishes four main roads to acquire Spanish nationality:
- By option: Related to family ties, such as having been under the parental authority of a Spaniard, or being a descendant of Spaniards born in Spain. It also contemplates special cases, such as descendants of Spanish exiles under the Democratic Memory Law and the Historical Memory Law.
- By nature letter: Granted on a discretionary basis by the Government through a Royal Decree, based on exceptional circumstances, such as cultural, sporting or historical merits, among others. A special case is that of Sephardim originating in Spain, who can access a specific procedure.
- By residence: It is the most common method and requires having legally resided in Spain for a certain time. The duration varies depending on factors such as the nationality of the applicant or personal circumstances (for example, refugees need five years, while nationals of Ibero-American countries only two). In addition, applicants must demonstrate good civic conduct and pass integration tests in Spanish society.
- By possession of state: This unusual route applies when a person has used and possessed Spanish nationality in good faith for at least ten years, as long as there is a nationality title registered in the Civil Registry, even if said title was annulled.
