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RCA 421. Notarial Act on Exhumation, Transfer and Rehumation of D. Francisco Franco Bahamonde on October 24, 2019 (procedure art. 16.3 Law 52/2007).

Recurrent: Ministry of the Presidency, Justice and Relations with the Courts

Resolution appealed: R CTBG 1457/2025

In exercise of the right of access to public information, the MINISTRY OF THE PRESIDENCY, JUSTICE AND RELATIONS WITH THE COURTS was requested to have access to the notarial records signed by the Minister of Justice or by other positions of the Ministry on the occasion of “the exhumation and transfer of the remains of the dictator Francisco Franco in October 2019».

The requested ministry refused to grant the request, stating the applicability of the First Additional Provision, second paragraph, of the LTAIBG, insofar as, in its opinion, there is a specific legal regime for access to information by reason of the matter, established in the Decree of 2 June 1944 approving definitively the Regulation of the organization and regime of the Notariat, and in particular in its article 224.

The Council considers the claim by pointing out that what is requested is a copy of the document accrediting the execution of the resolution of the procedure provided for in article 16.3 of Law 52/2007, of 26 December, which recognizes and extends rights and establishes measures in favor of those who suffered persecution or violence during the Civil War and the Dictatorship. The notarial document requested includes a material action for the execution of a decision of the Administration provided for in Article 97 LPAC, a decision taken in accordance with the aforementioned procedure, and which the body competent to resolve, in this case the Council of Ministers, determined, among other conditions of execution, the notarial intervention in order to record the detailed circumstances of the same. Therefore, it can only be considered that a copy of the record must be included in the file formed during the processing of the procedure in compliance with the provisions of Article 70 LPAC. Therefore, it is not being requested to issue a simple or authentic (authorized) copy of a notarial deed or act, which is the one regulated by the Law of Notaries and its development regulations, but access to a document part of an administrative file to which the specific legal regime of access to the issuance of notarial copies does not apply.