Spain has launched an official process that could lead to the legal ban of the Fundación Nacional Francisco Franco (FNFF). The country’s Ministry of Culture has notified the organization about the initiation of proceedings and given it ten days to state its position and present supporting documents.
The initiative to dissolve the foundation emerged back in the summer of 2024, when authorities began gathering materials and analyzing the organization’s activities. A special body—the Protectorate of Foundations—plays a key role in this process, being responsible for oversight and, if necessary, legal action to shut down such entities.
After receiving the notification, FNFF has a limited window to submit objections. If the organization chooses to defend itself, it will need to provide evidence and arguments for why it should continue to exist. The next stage will involve drafting a new decision proposal and obtaining an opinion from the State’s Chief Legal Department. The final decision will be signed by the Minister of Culture, after which the case will be forwarded to the civil court of first instance.
Reasons and grounds for dissolution
Authorities cite two main reasons for banning the foundation: the absence of public benefit objectives and the promotion of an ideology linked to the 1936 coup and the ensuing dictatorship. Case files indicate that FNFF’s activities not only fail to serve the public interest but can be seen as glorifying the Franco regime and denigrating the memory of victims of the civil war and the dictatorship. There is also consideration of whether the foundation incites hatred or justifies violence.
Although the foundation officially claims cultural and historical aims, experts point out that access to its archives is restricted and that its main goal is to maintain a positive image of Franco and his era. The foundation’s objectives include preserving the dictator’s personal archive, supporting its own library, and participating in public debates aimed at revising historical events.
Legal framework and next steps
The entire procedure is based on the provisions of the Memory Law (Ley de Memoria Histórica) and the law on foundations. Authorities stress that FNFF’s activities violate these statutes, as they promote an unequivocally positive view of the dictatorship. In preparation for the case, expert reports were gathered, the foundation’s media presence was analyzed, and testimonies from victims of the Franco regime were collected.
The Ministry of Culture insists that the state should not support such organizations, let alone grant them tax benefits or allow them to receive donations. At the same time, officials do not rule out the possibility that even if FNFF is dissolved, it may attempt to continue operating in another form.
Control over archives and documents
Authorities plan to appeal to the court to request interim measures to prevent the destruction or relocation of historical documents held by the foundation. Special attention is being paid to protecting archives that may be of public importance. This approach was already used in the Pazo de Meirás case in Galicia, when the state sought to preserve historical assets.
The transfer of the case to court is expected to take at least nine months. However, the timeline may change depending on the organization’s actions and the volume of materials it submits. Officials are confident their position is legally sound and expect a favorable court decision.
