The Tribunal Supremo issued an order on 8 September 2026 suspending the electoral registration of people who acquired Spanish citizenship under the provision enshrined in the Ley de Memoria Democrática known as the Ley de Nietos. The measure will remain in force until a decision is reached in the main proceedings. Exceptions are envisaged only where the legally required proof of exile is established on a case-by-case basis at the relevant consulates.
The interim order of the Sala de lo Contencioso-Administrativo followed applications by the parties Iustitia Europa and Vox. They argued that the sharp increase in the overseas electoral register Censo Electoral de Residentes Ausentes (CERA) could undermine the objectivity and transparency of future elections. In its reasoning, the court points to the need to clarify whether registration practices comply with the wording and purpose of the provision. One judge submitted a dissenting opinion.
The practical effect is that consular offices and the Oficina del Censo Electoral will examine cases individually and make an electoral registration only if proof of exile meets the statutory requirements. According to the government, the available data distinguish between citizenship applications and approvals, and actual entries in the CERA; public debate has referred to several hundred thousand cases since the provision came into force. The figures vary between reports and require ongoing scrutiny.
The government criticised the precautionary suspension as an interference with the active voting rights of newly naturalised citizens and called for a swift decision in the main proceedings to avoid legal uncertainty ahead of forthcoming elections. The public prosecutor and the Abogacía del Estado had also opposed the suspension. Civil society initiatives that backed the legislative change also rejected allegations of possible manipulation and pointed to the statutory requirements for proof of exile.
Politically, the decision intensifies the dispute over the interpretation of the Ley de Memoria Democrática and its implications for Spaniards living abroad. Open questions mainly concern the duration of the interim proceedings, the requirements for evidence at consulates, and the distinction between entries already made and those that may be made in future in the CERA. The main proceedings before the Tribunal Supremo are to determine whether current administrative practices comply with the law or require adjustment.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).