Spain’s Supreme Court has temporarily suspended the electoral effects of certain registrations linked to the Democratic Memory Law, commonly known as the “Grandchildren Law” or Ley de Nietos.

The precautionary measure affects certain Spanish citizens registered, or awaiting registration, in the Census of Absent Residents (CERA) after obtaining nationality through the law. The suspension will remain in place while the Supreme Court considers the underlying legal dispute.

The decision partially grants precautionary measures requested by Vox and Iustitia Europa, which had asked the Central Electoral Board (JEC) not to admit the affected overseas vote. After the JEC concluded that it was not competent to decide the matter, they brought the issue before the courts.

Importantly, the ruling does not revoke Spanish nationality and does not suspend the Grandchildren Law as a whole. Instead, it temporarily affects CERA registration and voting rights for a specific group of people who obtained nationality under the first provision of Additional Provision Eight of Law 20/2022.

What Is the Grandchildren Law in Spain?

The “Grandchildren Law” is the informal name commonly used for nationality provisions introduced through Spain’s Democratic Memory Law (Law 20/2022).

The law created a temporary route to Spanish nationality by option for several groups with Spanish ancestry, including people born outside Spain to a father, mother, grandfather or grandmother who was originally Spanish and who lost or renounced Spanish nationality as a result of exile for political, ideological, religious, sexual-orientation or gender-identity reasons.

It also established routes for certain children born abroad to Spanish women who lost their nationality after marrying foreign nationals before the 1978 Constitution, as well as adult children of people whose Spanish nationality of origin was recognized under the Democratic Memory Law or the earlier Historical Memory Law.

Why Is the 2022 Government Instruction Important?

Following the adoption of the Democratic Memory Law, Spain’s Directorate-General for Legal Security and Public Faith issued an instruction on 25 October 2022 explaining how the nationality provisions should be applied.

One of its most important provisions concerned how exile could be established.

Under the instruction, exile is presumed for Spaniards who left Spain between 18 July 1936 and 31 December 1955, although applicants must still provide documentation showing their departure from Spain.

People who left between 1 January 1956 and 28 December 1978, by contrast, must provide evidence demonstrating their status as exiles.

It is this interpretation, and particularly the use of the presumption of exile, that is central to the legal issues now before the Supreme Court.

What Has the Supreme Court Suspended?

In its 10 September 2026 precautionary order, the Supreme Court distinguished between three separate stages: obtaining Spanish nationality, registration in CERA and the subsequent assignment to an electoral constituency.

The Court did not suspend the acquisition of Spanish nationality itself. Instead, the measures concern the electoral consequences that can follow once nationality has been obtained.

For people who obtained Spanish nationality under the first clause of Additional Provision Eight but have not yet been entered in CERA, the registration procedure may continue. However, the final entry into CERA is temporarily suspended until the Court delivers its judgment.

For those who have already been entered in CERA, the electoral effects of that registration are temporarily suspended for elections that may be called before the Court issues its final ruling.

The Supreme Court partially granted the precautionary measures requested by Vox and Iustitia Europa, suspending the possibility for the affected individuals to register in the electoral census and vote in subsequent electoral processes while the case is being resolved.

Does the Ruling Cancel Spanish Nationality Obtained Under the Grandchildren Law?

No.

This is one of the most important distinctions in the Supreme Court’s order.

The Court expressly separates the nationality process from subsequent CERA registration and electoral effects. The precautionary proceedings do not cancel or withdraw the Spanish nationality already granted to affected individuals.

Therefore, someone who has already obtained Spanish nationality through the relevant provision of the Democratic Memory Law does not lose that nationality simply because of this order.

What may be temporarily affected is their registration in CERA or the electoral effects of an existing CERA registration, depending on the circumstances of their case.

State Attorney’s Office Appeals the Supreme Court Decision

The case has since seen a new development. On 21 September 2026, Spain’s State Attorney’s Office (Abogacía del Estado) appealed the Supreme Court’s decision to provisionally suspend the affected voting rights.

The State Attorney’s Office argues that the Supreme Court “exceeded” the appropriate scope of the precautionary measure. It also disputes the justification for the suspension, arguing that there is no risk of CERA growing in a way that could influence election results.

The appeal follows the Government’s earlier opposition to the precautionary measures and adds a new stage to the ongoing proceedings concerning the electoral effects of the Grandchildren Law.

What Happens Next?

The precautionary measures remain temporary while the underlying proceedings continue.

The State Attorney’s Office has now appealed the provisional measure, while the Supreme Court must still resolve the underlying legal dispute concerning the affected CERA registrations and electoral effects.

Until the matter is resolved, the Supreme Court’s decision should not be interpreted as the cancellation of the Grandchildren Law or a general suspension of Spanish nationality granted under it.

Its immediate effect is narrower: it temporarily restricts CERA registration and electoral effects for certain people affected by the disputed interpretation.

About Marfour International Law Firm

Marfour International Law Firm is a Spain-based law firm with offices in Barcelona and Madrid, supporting international clients with immigration, nationality, tax, corporate and relocation matters in Spain. Our team closely monitors key legislative and judicial developments to help individuals and businesses understand how changes in the law may affect their circumstances.