G.T.B. v. SPAIN JUDGMENT
Article 1 (in force in July 1985)
“The national identity document is the public document that certifies the authentic
personality of its holder, constituting complete proof of the identity of the person.
This document shall be essential to justify by itself and officially the identity of its
owner, attesting, unless proved otherwise, to the personal data contained therein.
...”
Article 12 (in force from 1979)
“The national identity document shall be issued only to Spaniards, and all persons
over fourteen years of age residing in Spain and those of the same age who, while
residing abroad, move to Spain for a period of no less than six months shall be obliged
to obtain it; those who in each of the preceding circumstances do not possess it shall be
considered undocumented for all purposes.
By way of exception, minors under this age may obtain the document voluntarily with
the authorisation of their parents or guardians.
...”
Article 14
“Those who apply for the national identity document for the first time shall be
required to submit a certified extract of the holder’s birth certificate.
...”
75. The relevant provisions of Royal Decree no. 1553/2005 of
23 December 2005 regulating the national identity document state as follows:
Article 2. Right and obligation to obtain a national identity document.
“1. All Spaniards shall have the right to be issued with a national identity document,
and it shall be compulsory for those over fourteen years of age residing in Spain and for
those of the same age who, while residing abroad, move to Spain for a period of no less
than six months ...”
Article 5. Requirements for obtaining a national identity document
“1. In order to apply to be issued with a national identity document, the physical
presence of the person to whom it is to be issued, payment of the fee established by law
at the relevant time and presentation of the following documents shall be essential:
(a) a birth certificate issued by the corresponding Civil Registry; for this purpose, only
certificates issued no more than three months prior to the date of submission of the
application for issuing of the national identity document shall be accepted;
...”
76. The relevant provisions of the Spanish Civil Code (as established by
the Royal Decree of 24 July 1889) read as follows:
17
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents