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Francisco Tomás y Valiente Collection

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Appointment of Francisco Tomás y Valiente as assistant professor of Law at the University of Valencia

Donated by his heirs, the part of the documentary collection of Francisco Tomás y Valiente that is being processed and held in custody by the Constitutional Court consists mainly of materials related to his research work: handwritten texts of his work and speeches at academic and official events, bibliographic records, reviews, etc. Among them we also find correspondence with personalities and institutions, documentation related to his university activity and supporting documentation, among others.

The collection has a volume of 35 standardised archive boxes and the documentation has been digitised in its entirety, except for certain materials (prints, reproductions of documents from public archives and similar).

The most notable difficulties are those frequently encountered when dealing with personal archives. For example, the difficulty of chronologically dating much of the material, given that, apart from the fact that the type of material often did not include the date, Tomás y Valiente reused much of it at different times. Or that many documents were produced on the basis of previous ones, often in different formats.

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Notification of the initiation of disciplinary proceedings for publishing an open letter in the press

The lack of diverse material or that over time it has been relocated to locations other than the original ones must also be taken into account.

For reasons of economy and ease of information retrieval, the documents have been described either individually or in groups, taking into account their nature, and without prejudice to further elaboration of the descriptive process at a later date. However, except where it has not been possible, the organisation given to the documentation by Tomás y Valiente has been respected, and this organisation is reflected in a classification table structured around thematic series.

A search engine has been developed for consulting the documentation search engine, whose user manual - in PDF format - can be downloaded by clicking on this link (in Spanish).

 

Access to the documentary search engine



Background description

Reference code: ES_TV

Title: Archive of Francisco Tomás y Valiente

Start and end dates: 1957-1995

Level of description: Collections

Volume: 35 boxes

Name of creator: Tomás y Valiente, Francisco (Valencia, 8.XII.1932 – Madrid, 14.II.1996)

Biographical details:

President of the Constitutional Court, legal historian, councillor of state and academic of history.

Graduated in Law from the University of Valencia in 1955. In 1957 he presented his doctoral thesis on historical procedural law, which received the qualification of outstanding "cum laude" and earned him the Extraordinary Doctorate Award. He began his career as a teacher and researcher at the University of Valencia. In 1964 he sat the competitive examination to obtain the chair of History of Law at the University of La Laguna, but in October of that same year he moved to the University of Salamanca. In 1972 he became a member of the International Institute of the History of Indian Law, and in 1980 he joined the Autonomous University of Madrid.

That same year he was elected judge of the Constitutional Court by the Spanish Parliament at the proposal of the Spanish Socialist Workers' Party (PSOE), a position he held until 1983. In 1985 he was appointed full member of the Royal Academy of History. On 3 March 1986 he was elected president of the Constitutional Court and re-elected in 1989. He left in 1992 as president of the Constitutional Court and returned to the Madrid university as Professor of History of Law.

In 1991 he was elected a member of the International Arbitration Commission for the Yugoslavia Peace Conference until 1995, when he was appointed a permanent member of the Council of State. That same year he was awarded an honorary doctorate by the University of Salamanca.

On 14 February 1996 he was murdered in his office at the Autonomous University of Madrid by Jon Bienzobas Arretxe, 'Karaka', a member of the terrorist group ETA.

Archival History:

When the widow of Francisco Tomás y Valiente, Mrs Carmen Lanuza, passed away, their heirs decided to donate most of the documents making up the personal archive of Francisco Tomás y Valiente to the Constitutional Court, which physically entered its General Archive on 10 January 2019, formalising the donation in an act of homage to his memory held on 15 February 2020.

The collection of documents was used for the publication of his ‘Complete Works’ by the Centre for Political and Constitutional Studies, as well as by some authors, which is why changes in its original organisation and arrangement can be intuited, as well as some gaps.

Scope and content:

The documentation consists mainly of original texts and outlines, many of them handwritten, of courses, lectures and research papers, most of them published. There is also a wealth of preparatory documentation for university teaching programmes. There is also professional correspondence. Finally, a large part of the documentation consists of bibliographic records and primary sources, often with comments, as well as reproductions of archive documents and some printed works. However, there is very little documentation of a personal nature.

Classification system:

The collection is structured according to his personal and family activity, with very little documentation, and his intellectual and professional activity, organised into thematic series referring to the different subjects of research and study he dealt with.

Conditions of use: Free access. In some documents containing the personal details of living persons, such details have been omitted.

Tools for description: A web-based search engine is available, linked to the digitised images of the collection.

Existence of copies: The documentation has been digitised almost in its entirety in PDF format and in most cases in colour, with a minimum resolution of 150 dpi.

Archivist's note: Documents classified, digitised and described by the staff of the General Archive of the Constitutional Court.

 

Classification table

  1. Personal and professional activity
    • 1.1.1. Correspondence
    • 1.1.2. Degrees and certificates
    • 1.1.3. Honours and distinctions
    • 1.1.4. Miscellaneous
  2. Intellectual and professional activity
    • 2.1. Courses, conferences and research work
      • 1.1.5. Sale of trades
      • 1.1.6. Favourites
      • 1.1.7. Confiscation of church property
      • 1.1.8. Spanish Inquisition
      • 1.1.9. Constitutional law and Constitutional Court
      • 1.1.10. History of Law and Institutions
      • 1.1.11. Miscellaneous
      • 1.1.12. Competitive examinations: Topics
      • 1.1.13. Profiles
      • 1.1.14. Torture and Criminal Law
    • 2.2. Research materials
      • 1.1.15. Source files
      • 1.1.16. Reproductions and transcriptions of documents
      • 1.1.17. Works of others' creation
      • 1.1.18. Others
  3. Other activities
    • 1.1.19. Correspondence
    • 1.1.20. Reports, opinions and notes
    • 1.1.21. Speeches

 

To consider:

  • When it is not possible to date the documents, even partially, the value has been left blank. In other cases, the approximate date is indicated in the metadata as "Approximate date".
  • The frequent difficulty of having a clear criterion for ordering the documents within an aggregation has meant that they have been listed in the PDF and not in the original.

 

Access to the document search engine