A recent Spanish Supreme Court decision concerning the so-called “Grandchildren Law” has raised questions about its scope and potential impact.
The ruling does not repeal Law 20/2022 on Democratic Memory or revoke Spanish nationality. It is an interim measure affecting certain aspects of the Electoral Census of Spanish Residents Abroad (CERA) while the main proceedings remain pending.
What has the Supreme Court decided?
For certain individuals who acquired Spanish nationality of origin through the right of option established under Additional Provision Eight.1 of Law 20/2022 and have not yet been registered in the CERA, their registration process may continue, but registration will be suspended until a judgment is issued.
For those already registered, the electoral effects of their CERA registration are temporarily suspended for any elections that may be called.
The ruling provides an exception for individuals whose circumstances can be certified directly by the Consular Registries as meeting the exile criteria established under Law 20/2022, without relying on the presumption set out in the Instruction of 25 October 2022.
The decision therefore represents a temporary measure affecting certain census registration and electoral effects. The outcome of the main proceedings will only be known once the Supreme Court issues its final judgment.
Source: Spanish Supreme Court – Interim Measures Proceedings 1013/2026, Order of 8 September 2026.
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