Briefing
The Tribunal Supremo issued a precautionary ruling at the beginning of September 2026 suspending the effects of entries in the Censo de Electores Residentes Ausentes (CERA), insofar as they Ley de Nietos are based on the so-called Ley de Nietos and no individual proof of an ancestor’s exile has been provided. The court justified the measure by citing a “well-founded, real and serious risk” of undermining the objectivity and transparency of future elections, following a marked increase in overseas registrations. The decision affects both completed and ongoing applications for entry in the CERA; the order is expressly provisional and remains in force until the court reaches a final decision.
To prepare for further examination, the Tribunal Supremo requested detailed information from the Junta Electoral Central (JEC) and the Oficina del Censo Electoral on the scope and origin of the entries concerned, as well as information on consular practice. The court set deadlines for reports and required consulates to verify proof of ancestors’ exile before the entries take effect for electoral purposes. The case files cited figures documenting an exceptional surge; the court included these figures in its assessment of the risk.
The decision followed lawsuits by civil society and political party plaintiffs, who alleged possible manipulation or inadequate oversight of the registrations. The government and several parties criticised the provisional suspension and warned that it could affect individual rights; other stakeholders stressed that the measure was intended to protect electoral integrity. The highest court noted that this was an exceptional, temporary measure and that the legal assessment of the challenged decisions would be made in substantive proceedings.
The key point is that the order does not prevent citizenship from being granted for the time being; it merely restricts the electoral effect of certain entries in the overseas electoral register. The Tribunal Supremo will decide the lasting legal position in a later judgment.
Editor: Mira Cadena (Article created with AI assistance).