Óscar Castañón Bayón
On the 2nd October, 2019, the Fifth Section of the Contentious Administrative Chamber of the National Court issued a very interesting ruling authorising a Lieutenant Auditor attached to the Military Legal Corps, and Voluntary Reservist, the use of the distinctive badges of the Royal Corps of the Nobility of Madrid on the military uniform. The technical direction of this resource corresponded to our partner of Balms Madrid, Oscar Castañón Bayón, and the sentence, favourable to the interests of our client, is extremely interesting given the few pronouncements of our courts in the field of Heraldic Law.
Said procedure was initiated as a result of the Resolution of the Deputy Secretary of Defence, dismissal, of the request of the aforementioned Lieutenant Auditor (RV), in which authorisation is requested for the use on the military uniform of the insignia and badges of the Royal Corps of the Nobility of Madrid. The sentence, among other things, bases its favourable ruling on the proven link between the Royal Corps of the Nobility of Madrid and the life of the Armies, as well as its cultural and historical legacy. Similarly, the right to the use of badges on the uniform of the Common Defence Bodies is explicitly recognised, contrary to the criteria maintained by the Administration, and all this by virtue of the application of the Royal Circular Order of the 31st December, 1927, regulations that are declared in force - not having been included in the vast list of provisions that are repealed by the single repeal provision of Order DEF / 1756/2016 by which the rules of uniformity of the Armed Forces are approved - correcting the stated by the Court of the instance that considered it repealed. Likewise, it is confirmed that the uniformity of the Voluntary Reservists has no relevant difference with respect to the general regulations on uniformity, of the rest of the military personnel, and therefore it is applicable in terms of the types of badges and decorations that can be worn on the military uniform.
We believe that the judgement of the Chamber has been handed down with undeniable legal skill, granting an impeccable solution to the question raised and clearing some very interesting doubts regarding the Royal Corps of the Nobility of Madrid and the right of the Voluntary Reservists to enjoy the legal regime , essentially the same, of the norms of uniformity of the rest of the personnel of the Armed Forces.
The aforementioned sentence has been of great importance for the Royal Corps of the nobility of Madrid, an entity that has already put on its website a reference to it.
In Madrid 3rd of February 2020