Spain’s Supreme Court provisionally restricts voting rights for some descendants granted nationality under ‘grandchildren’s law’
Spain’s Supreme Court has ordered a temporary suspension of electoral registration for certain people who obtained Spanish nationality under the Democratic Memory Law, commonly known as the grandchildren’s law. The measure affects those whose nationality was granted on the basis of a government instruction that presumes exile, rather than individual... The post Spain’s Supreme Court provisionally…
The Spanish Supreme Court has temporarily halted electoral registration for certain individuals who obtained Spanish nationality through the Democratic Memory Law, also known as the grandchildren's law. This restriction applies to those whose nationality was granted on the basis of an instruction presuming exile, rather than individual evidence of their ancestors' forced exile from Spain.
The ruling, announced on Tuesday, is a partial fulfillment of requests made by the far-right Vox party and Iustitia Europa. It will remain in effect until the court delivers a final judgment on the case. The decision pertains to the Census of Absent Resident Electors (CERA), which allows Spanish citizens residing abroad to participate in elections.
The court's ruling does not yet determine the legitimacy of the nationality granted to those affected. The affected individuals are those who fall under the grandchildren's law, an addition to Spain's Democratic Memory Law enacted in 2022. This law permits Spanish nationality for individuals born outside the country whose parents or grandparents were originally Spanish and lost or renounced their citizenship due to exile for political, ideological, or other reasons covered by the legislation.
The Supreme Court's order suspends both current and future electoral registrations resulting from the presumption of exile. However, individuals who can prove their lineage to Spanish exiles under the conditions explicitly stated in the law will retain their voting rights. The suspension does not apply when consular registries confirm an applicant's descent from an exile without relying on the presumption outlined in the government instruction.
To enforce the measure, the court has directed the Central Electoral Board to gather the necessary information from consular registry officials immediately. Additionally, the Electoral Census Office must segregate registration files based on statutory requirements from those approved under the broader interpretation in the government instruction.
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