BOE of today, October 9: the parties must declare that they do not include those convicted of terrorism or rebellion to collect electoral aid

The amendment to Royal Decree 1907/1995 you refer to has been made through Royal Decree 809/2026, of October 7, published in the Official State Gazette on October 9, 2026 (text in the BOE). This amendment is not under parliamentary processing: the procedure has been strictly regulatory (by the Government) and, after its publication, it is already in the phase of validity and application.

Which regulation it amends and how it has been processed

Royal Decree 809/2026 amends Royal Decree 1907/1995, of November 24, which regulates the processing of annual state subsidies and electoral expense subsidies to political parties. The objective of the reform is to introduce a new article 6 bis, which conditions the processing of subsidies for electoral expenses on the submission of a declaration by the general representative of the political party certifying that they do not fall under the cases of article 127.3 and 4 of the Organic Law of the General Electoral Regime.

According to the text of the royal decree itself, the processing has followed the usual phases of a state regulation:

• Agreement of the Council of Ministers of October 6, 2026, in which the Royal Decree amending RD 1907/1995 is approved (official reference).
• Public hearing and prior public information on the draft royal decree, processed at the Ministry of the Interior between July 10 and 20, 2026, with its corresponding Regulatory Impact Analysis Report.
• Issuance of the report from the Central Electoral Board and the Council of State, mentioned in the preamble.
• Publication in the BOE of Royal Decree 809/2026 on October 9, 2026, with a final provision that sets its entry into force the day after publication.

All this fits the typical scheme of a regulatory royal decree, which is approved and comes into force by decision of the Government, without a vote in Congress or Senate.

Parliamentary situation: why there is no “processing status”

From the parliamentary point of view, the relevant facts are:

• The instrument used is an ordinary royal decree, not a royal decree-law.
• Therefore, it is not subject to validation by the Congress of Deputies nor processed as a bill, unlike what happens with royal decree-laws.
• In parliamentary databases, no specific legislative initiative is associated (bill or proposal) whose purpose is to process or transform this amendment of RD 1907/1995.

This means that, strictly speaking, there is no ongoing “parliamentary status” for this amendment: there are no pending phases (consideration, committee, plenary, Senate, etc.) nor a legislative file linked to this specific change of the electoral subsidies regulation.

What parliamentary control could exist

The absence of legislative processing does not imply a total absence of related parliamentary activity. Regarding this reform, the following may occur:

• Questions and interpellations to the Government in Congress or Senate about the content and effects of Royal Decree 809/2026.
• Non-legislative motions or proposals urging modification, repeal, or development of the regulation.
• Possible future bills or proposals introducing changes to Organic Law 5/1985 or the regulation of electoral subsidies, with indirect impact on the scheme designed by the royal decree.

However, these control or initiative actions, if they exist, would be parallel and not part of the approval procedure of Royal Decree 809/2026 nor condition its validity.

Conclusion

After its publication in the BOE, the amendment of Royal Decree 1907/1995 through Royal Decree 809/2026 is in a situation of valid and applicable regulation, with a process that has been exclusively regulatory. There is no open legislative file nor a validation procedure, so, as of today, there can be no talk of a “parliamentary status” in the technical sense, but rather a regulatory provision already approved and in the phase of administrative application and, if applicable, general political control by the Cortes.

The National Institute of Toxicology and Forensic Sciences (INTCF) is the body entrusted by the Government with the management of the new State DNA Bank of Victims of the War and the Dictatorship, regulated by the royal decree published in the BOE on October 8, 2026, and provided for in Law 20/2022, on Democratic Memory. This bank is attached to the Ministry of the Presidency, Justice and Relations with the Cortes, but its administration and technical operation fall under the INTCF.

1. Basic legal framework

According to the note from the Ministry of the Presidency, Justice and Relations with the Cortes and the information collected by the newspaper Demócrata, the relevant normative scheme is:

• Law 20/2022, on Democratic Memory, which creates the State DNA Bank of victims of the war and dictatorship and orders its regulatory development.
• Royal Decree regulating the State DNA Bank (published in the BOE on October 8, 2026), which specifies its organization, operation, and guarantees.
• General regulations on personal data protection and information security, applicable to the processing of genetic profiles, which are especially sensitive data.

2. Central role of the INTCF: managing body of the Bank

The royal decree configures the INTCF as manager of the State DNA Bank. From this derive several core competencies:

• Administration of the Bank: the INTCF assumes the ordinary administration of the state DNA system, on behalf of the competent Ministry.
• Reception and custody of genetic profiles: it is expressly attributed the reception and custody of DNA profiles of:
  • Victims of the War and the Dictatorship.
  • Relatives of those victims who provide samples for identification.
  • Persons affected by newborn abduction and their relatives.
• Integration of pre-existing databases: the Bank must incorporate profiles already existing in the database of persons affected by newborn abduction, previously managed within the Ministry's scope. This integration is carried out by the INTCF as responsible for the new state system.

3. Technical management of the database and searches

The royal decree assigns the INTCF specific technical functions regarding the Bank's structure, including:

• Designing the database indexes and search configurations, that is, how genetic profiles are internally organized to allow effective comparisons.
• Establishing the technical criteria for profile incorporation (types of markers of autosomal DNA, Y chromosome, mitochondrial DNA, X chromosome, etc.).
• Defining the traceability rules: each profile is encoded with an alphanumeric identifier dissociated from personal data, which remain under the control of the submitting laboratories.

In coherence with the mandate of Law 20/2022, the INTCF must ensure that the system only stores the genetic information essential for identification, keeping identity and contact information separate from the Bank, managed by the participating laboratories.

4. Relationship with laboratories and quality control

The State DNA Bank is fed by profiles submitted by:

• Laboratories designated by the autonomous communities.
• Public or private laboratories that already have profiles obtained for the purposes provided in the regulation.
• The National Institute of Toxicology and Forensic Sciences itself.
• DNA laboratories of the Security Forces and Corps.

Within this scheme, it is the INTCF's responsibility to:

• Verify that laboratories integrated into the Bank meet the accreditation and quality requirements established in the regulations.
• Serve as a scientific and technical reference to unify analytical criteria and ensure comparability of results among different laboratories.
• Participate in the design and supervision of periodic quality controls on DNA analyses linked to the Bank.

5. Expert functions and support for identification

As a technical body of the Justice Administration, the INTCF maintains its traditional functions of:

• Performing DNA analyses on human remains and reference samples.
• Comparing profiles to determine possible kinship relationships.
• Issuing expert reports for judicial and prosecutorial authorities, fundamental in the identification of victims and in procedures related to democratic memory or stolen babies cases.

These expert reports are the bridge between the genetic information stored in the Bank and legal or administrative decisions on exhumation, identification, delivery of remains, and even possible criminal liabilities.

6. Guarantees and limits

Finally, the INTCF must ensure that the Bank operates within clear limits:

• Restricted purpose: profiles are used only for identification of victims, their relatives, and persons affected by newborn abduction, within the framework of democratic memory.
• Voluntariness of samples: the collection of biological samples from interested persons is voluntary and free of charge.
• Data protection: the Institute is responsible for the processing of the Bank's data and must apply reinforced security and confidentiality measures.

In summary, the INTCF not only technically hosts the State DNA Bank but acts as its administrator, scientific guarantor, and responsible for the protection of genetic data, ensuring that this democratic memory instrument functions with forensic rigor and full rights guarantees.

Royal Decree 816/2026 regulates a regime of direct and singular granting of subsidies in matters of childhood, adolescence, and youth participation. It does not open a general call, but designates in a limited way the beneficiary entities and refers, regarding legal requirements, to the general regime of the Law 38/2003, General Subsidies Law (LGS). Based on the royal decree itself, the key requirements for third sector entities to effectively access these aids are the following.

1. Being one of the expressly designated entities (art. 3.2)

Article 3.2 defines who can be a beneficiary. It is not an open regime to any third sector entity, but a closed list of specific organizations, among them:

• Inter-autonomous Federation of Collaborating Entities for International Adoption.
• Federation of Catalan Entities for Adoption.
• Platform of Childhood Organizations and its associated entities (SOS Children's Villages Spain, New Future Association, Messengers of Peace, various federations and childhood foundations, etc.).
• Youth Council of Spain.
• Spanish Federation of Municipalities and Provinces.

From the point of view of “access requirements”, the first and essential one is therefore to have the status of a nominative beneficiary entity in article 3.2 and to allocate the subsidy to the actions described in each case (maintenance of headquarters and infrastructures, fight against child poverty, promotion of youth participation, etc.).

2. Complying with the requirements of article 13 of Law 38/2003 (art. 3.1)

Article 3.1 establishes that, to obtain beneficiary status, entities must comply with the requirements set forth in article 13 of Law 38/2003, of November 17. The royal decree does not reproduce them, but refers directly to the LGS, which sets the general eligibility conditions for any public subsidy beneficiary.

In practice, this referral implies that, in addition to being one of the designated entities, they must comply with the general LGS requirements on suitability and prohibitions to obtain beneficiary status, without the royal decree introducing additional specific requirements on legal form, registration, or entity seniority beyond what results from the applicable general regulations.

3. Being up to date with tax and Social Security obligations (art. 9.2)

Article 9.2 specifies one of these general requirements at the payment moment. Before ordering the disbursement of the subsidy:

• Entities must prove that they are up to date in fulfilling their tax and Social Security obligations, through the corresponding certificates.
• They must also declare that they are not debtors due to a final resolution ordering reimbursement, in line with article 34.5 of Law 38/2003.

If the certificates presented at the granting phase are still valid, it is not necessary to provide new ones, which links this requirement both to the granting phase and to the effective payment phase.

4. Obligations linked to the enjoyment of the subsidy (arts. 7, 8, 10 and 12)

Although strictly formulated as beneficiary obligations and not as access requirements, their compliance conditions the maintenance of beneficiary status and the non-demand for reimbursements:

• General obligations of art. 14 LGS: article 7.1 expressly refers to them (allocating the subsidy to the intended purpose, justifying the use of funds, submitting to controls, etc.).
• Obligations of publicity and visibility (art. 7.2): identifying in all actions financed by the Ministry of Youth and Childhood (and, if applicable, by INJUVE), using official logos; repeated non-compliance is sanctioned with percentage reimbursements of the aid.
• Use of inclusive and non-sexist language in all documentation and materials derived from the financed actions (art. 7.3).
• Justification of subsidies (art. 10): submission of a justification account on time, with an activity report, detailed economic report, and auditor's report or simplified account, depending on amounts.
• Reimbursement regime (art. 12): non-compliance with obligations, lack of justification, or undue obtaining of aid entails total or partial reimbursement, with late payment interest.

5. Supplementary legal framework

Article 2 reminds that these subsidies are governed by Royal Decree 816/2026 itself, by Law 38/2003 and its Regulation (Royal Decree 887/2006), and subsidiarily by Law 39/2015 and Law 40/2015. Therefore, the general requirements and obligations of subsidy regulations also fully apply to these third sector entities.