DGRN Rejection Appeal Example

Here I leave you a resource prepared by the colleagues of HYNE and presented by Jaime, I hope it will serve for cases like Fernando who requested it.

INCREASE RESOURCE
TO THE GENERAL DIRECTORATE OF NOTARIZED REGISTRIES (DGRN)
FULL NAME, of legal age, with Mexican Passport No. 8795452563 with address at C / SIEMPRE VIVA No. 2 LOMA LINDA, SPRINGFIELD, designated by the same for notification purposes, Acting in my own name and right and as an interested party in the procedure that was processed WITHOUT an administrative file number, I appear and as best appropriate in Right,
SAY:
That by means of a resolution dated June 26, 2011, notified on the following June 10, issued by the administrative Consular Civil Registry of Spain in Mexico City, it is agreed to deny the Spanish nationality of origin by option.
That by means of this document, I come to file an APPEAL, in due time and form, against said resolution, and in accordance with the provisions of the Article 114 and concordant ones of Law 30/1992, on the Legal Regime of Public Administrations and the Common Administrative procedure, based on the following

ALLEGATIONS
FIRST: The contested administrative act has not been motivated, thus contrary to article 54.1.a and 54.1.f of Law 30/1992. According to article 62.1.a and 62.2, the act is null and void.
SECOND: The contested administrative act is contrary to article 9.3 of the Spanish constitution, because the lack of motivation is arbitrary, and this is prohibited by the cited article.
THIRD: The limitation established in the regulatory instruction of law 52/2007, on the fact that: underage children who are not emancipated of people who opt for Spanish nationality of origin by virtue of either of the two sections of the Additional Provision seventh of Law 52/2007, they may opt, in turn, for Spanish nationality not of origin, in accordance with article 20.1.a) of the Code Civil. On the contrary, the adult children of those persons cannot exercise this option, because they have not been subject to the fatherland. power of a Spaniard, nor can they exercise the option of section 1 of the aforementioned Additional Provision, it is contrary to article 14 of the Spanish constitution, because it establishes a strong discrimination against the children of Spaniards and the meaning of the term “Ius Sanguinis ”.
FOURTH: Any distinction that you want to make so that some children receive nationality and others do not, is contrary to article 14 of the Spanish constitution, because according to it it is not appropriate to make distinctions between Spaniards, for any of the reasons listed in the same. The fact that a group of Spaniards can transmit nationality to some children and not to others, is contrary to article 14 of the Constitution and article 1 of the Universal Declaration of Human Rights.
Article 18.1 of the Spanish Constitution says: "The right to honor, to personal and family privacy and to one's own image is guaranteed."
Said honor, as a protected legal asset, is expressly linked by the Spanish Constitution to the dignity of every person in its article 10.1 “The dignity of the person, the inviolable rights that are inherent, the free development of the personality, respect for the law and the The rights of others are the foundation of the political order and of social peace ”, in turn bring cause and must be interpreted according to norms supranational.
Thus and according to article 10.2 of the Spanish Constitution, “The norms relating to fundamental rights and freedoms that the Constitution recognizes, are interpreted in accordance with the Universal Declaration of Human Rights and international treaties and agreements on the same matters ratified by Spain"
I therefore highlight the following standards for their importance in this regard and by way of illustration supranational and constitutional that are part of the Spanish legal system and therefore are of direct application:
1. Articles of the Universal Declaration of Human Rights of December 10, 1948 and articles 1 and 10.1 of the Spanish Constitution:
A) Art. 1 Universal Declaration of Human Rights: “All human beings are born free and equal in dignity and rights endowed as they are of reason and conscience, they must behave fraternally with each other. others".
B) Art. 1.1 of the Spanish Constitution: “Spain is constituted in a social and democratic State of law, which advocates freedom, justice, equality and pluralism as superior values ​​of its legal system political".
C) Art. 10.1 of the Spanish Constitution: "The dignity of the person, the inviolable rights that are inherent, the free development of their personality, respect for the law and the rights of others are the foundation of political order and peace Social."
2. Article 2 of the Universal Declaration of Human Rights and article 14 of the Spanish Constitution.
A) Art. 2 Universal Declaration of Human Rights: “Everyone has the rights and freedoms proclaimed in this Declaration, without any distinction of race, color, sex, language, religion, opinion, politics or any other nature, national or social origin, economic position, birth or any other condition."
B) Art. 14 of the Spanish Constitution: “Spaniards are equal before the law, without discrimination being able to prevail any reason of birth, race, sex, religion, opinion or any other personal condition or circumstance or Social".
3. Article 7 of the Universal Declaration of Human Rights and articles 9.1 and 2 of the Spanish Constitution:
A) Art. 7 Universal Declaration of Human Rights: “All are equal before the law and have, without distinction, the right to equal protection of the law. Everyone is entitled to equal protection against any discrimination that violates this Declaration and against any provocation to such discrimination. ”
B) Art. 9.1 and 2 of the Spanish Constitution:
9.1.- "Citizens and public powers are subject to the Constitution and the rest of the legal system."
9.2.- “It is the responsibility of the public powers to promote the conditions so that the freedom and equality of the individual and of the groups in which they belong are real and effective; remove the obstacles that prevent or hinder its fullness and facilitate the participation of all citizens in political, economic, cultural and social life ”.
4. Article 8 of the Universal Declaration of Human Rights and articles 24.1 and 53.2 of the Spanish Constitution:
A) Art. 8 of the Universal Declaration of Human Rights: “Everyone has the right to an effective remedy before the courts competent nationals, to protect him against acts that violate his fundamental rights recognized by the Constitution or by the law".
B) Art. 24.1 of the Spanish Constitution: “All persons have the right to obtain effective protection from judges and courts in the exercise of their rights and legitimate interests, without in any case being able to produce helplessness.
C) Art. 53.2 of the Spanish Constitution: “Any citizen may seek the protection of the freedoms and rights recognized in Article 14 of Section 1 of Chapter II before the ordinary Courts by a procedure based on the principles of preference and summary and, where appropriate, through the appeal of Amparo in the Court Constitutional."
5. Article 12 of the Universal Declaration of Human Rights and article 18.1 of the Spanish Constitution.
A) Art. 12 of the Universal Declaration of Human Rights: “No one shall be subjected to arbitrary interference in his private life, his family, his home or his correspondence, nor of attacks on his honor or reputation. Everyone has the right to his honor or his reputation. Everyone has the right to the protection of him by law against such interference or attacks. "
B) Art. 18.1 of the Spanish Constitution: "The right to honor, personal and family privacy and one's own image is guaranteed"
6. Article 2.1, 3; 17; 26 of the International Covenant on Civil and Political Rights of December 19, 1966:
2.1 Each of the States Parties to the present Covenant undertakes to respect and guarantee all individuals who are in its territory and the rights recognized in this Covenant are subject to its jurisdiction, without any distinction of race, color, sex, language, religion, political or other opinion, national or social origin, economic position, birth or any other condition Social.
3. The States Parties to this Covenant undertake to guarantee men and women equality in the enjoyment of all civil and political rights set forth in this Covenant.
17.1.- "No one shall be the object of arbitrary or illegal interference in his private life, his family, home or his correspondence, nor of illegal attacks on his honor and reputation.
17.2.- "Everyone has the right to the protection of the law against interference or those attacks"
26 All persons are equal before the law and are entitled without discrimination to equal protection of the law. In this regard, the law shall prohibit all discrimination and guarantee to all persons equal and effective protection against any discrimination on the grounds of race, color, sex, language, religion, political or other opinions, national or social origin, economic position, birth or any other social condition.
7. Article 21 of the Charter of Fundamental Rights of the European Union (200 / C 364/01)
Article 21
Nondiscrimination
1. All discrimination is prohibited, and in particular that exercised on grounds of sex, race, color, ethnic or social origins, genetic characteristics, language, religion or beliefs, political or other opinions, membership of a national minority, heritage, birth, disability, age or orientation sexual.
2. Any discrimination on grounds of nationality is prohibited within the scope of the Treaty establishing the European Community and the Treaty of the European Union and without prejudice to the particular provisions of said Treaties.
FIFTH.- That no rule of lower rank than the Spanish Constitution can restrict the rights of Spaniards and their equality before the Law (Article 14 of the Spanish Constitution of 1978 - "Los Spaniards are equal before the Law, without any discrimination due to birth, race, sex, religion, opinion or any other personal condition or circumstance prevailing. Social").
SIXTH.- The transmission of Spanish nationality is based on the Law of the "Ius Sanguinis" which does not need any regulation normative that deforms it, understanding the transmission of nationality by blood "from parents to children, by the mere fact of being the child of Spanish".
SEVENTH.- Discriminatory treatment is being exercised against Spaniards born abroad, and their children.
That in the drafting of Art. 22-2 Inc. "F" of the Reform of the Spanish Civil Code. Obtaining Citizenship by Residence is a Requirement of Legal Permanence in Spain for a period of 1 year (to those born outside Spain of a father or mother, grandfather or grandmother who originally had been Spanish people). Where we observe that as children of legal age, who have not been able to opt for Spanish Citizenship in a timely manner due to the restrictions imposed by the previous Civil Code, we are disadvantaged in this new reform, since we must legally reside in Spain for a period of 1 year. Our parents enter the land as foreigners, get a work contract, and submit to to the Immigration Law, just to be able to enjoy our quality as Spaniards and obtain the citizenship. As this rule violates Art. 14 of the Spanish Constitution, since it generates substantial differences in rights among Spaniards born in Spain and Spaniards born abroad discriminating on the grounds of birth
EIGHTH: Discriminatory treatment is being exercised towards children of legal age of Spaniards, by not allowing them to choose nationality Without having to reside for a year, he is Spain, forgetting the meaning of the term "Ius Sanguinis" and allowing a son who has been adopted at the age of majority can choose this nationality, minimizing in this the right to nationality by the term "Ius Sanguinis "
NINTH: A similar treatment is being given to that of a foreigner who does not have Spanish blood in his veins, since Art. 21 (2) and Art 22 of the CIVIL CODE indicate that nationality can be obtained by residence, in this way Art.14 is being violated again and the term "Ius Sanguinis" is not being recognized.
In view of the foregoing,
I BEG TO VE:
That having presented this brief, together with the accompanying documents, agrees to have an APPEAL filed against a resolution dated July 16, 2009, issued by the administrative body Civil Registry of Spain in Mexico City, by which my request for option to Spanish nationality is denied, and declares the nullity (or voidability) of the herself.
For being of justice that I ask in SPRINGFIELD, July 10, 2011
Signature FULL NAME
Passport 5454545454545
A copy of the interested party's birth certificate, a copy of the birth certificate of his mother that proves her original nationality, a copy of the passport of both, and a copy of the consular appointment as well as the filing of an appeal against the refusal of the procedure, which prevented obtaining the administrative file number as well as a copy of the Negative Resolution.