Spain’s prime minister Pedro Sánchez has described as “very serious” the provisional suspension of voting rights for newly naturalised citizens living abroad under the Ley de nietos by the Tribunal Supremo . He commented on the matter on 20 September 2026 in Catalonia and called for the court to resolve it swiftly. Those affected are people who acquired Spanish nationality under the Ley de Memoria Democrática and are registered, or wish to register, in the Censo Electoral de Residentes Ausentes (CERA).
The starting point is a decision by the Tribunal Supremo’s administrative disputes chamber dated 8 September 2026. It provisionally suspends the effects of CERA registrations for upcoming elections, unless those affected provide proof that their ancestors were recognised as exiles. In explaining the urgent measure, the court points to an exceptional increase in the number of newly registered voters and a resulting risk to the transparency and objectivity of the electoral process. The decision was made as part of ongoing substantive proceedings and does not make a final ruling on the voting rights of those affected.
The Junta Electoral Central (JEC) implemented the decision on 14 September 2026. It took note of the order, requested reports from the Oficina del Censo Electoral and the consular registers, and prepared individual checks. At the same time, the JEC decided by majority not to challenge the supreme court’s decision. Practical implementation now rests with the electoral administration and consulates until the Tribunal Supremo rules on the substance of the case.
The government and some parliamentarians voiced strong criticism: executive representatives and MPs warned of a de facto restriction of a constitutionally protected voting right. Constitutional and administrative law experts, by contrast, point to the provisional nature of the measure, which is intended precisely to safeguard a later ruling on the substance of the case. The debate is now focused on the proportionality of the suspension, the legal threshold for urgent measures in electoral matters, and the division of powers between the courts, the electoral authority and the government.
The 2022 Ley de Memoria Democrática created an additional route for descendants of Spanish exiles to acquire nationality, under the name Ley de nietos. The extent to which the current suspension will affect specific elections depends on when the Tribunal Supremo rules in the main proceedings and how quickly the consular rechecks are completed. In any event, until a final decision is reached, the voting rights of those affected remain legally unresolved and administratively subject to additional evidence.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).