The Spanish Supreme Court has ordered the temporary suspension of certain electoral effects arising from registration in the Electoral Census of Spanish Residents Abroad (CERA) for individuals who acquired Spanish nationality under Law 20/2022 on Democratic Memory.
The decision has raised questions among those who recently obtained Spanish nationality through what is commonly known as the “Grandchildren Law” (Ley de Nietos). However, it is important to distinguish between two separate matters: Spanish nationality and registration in the electoral census.
⏺️ What has the Spanish Supreme Court decided?
The interim measure has been adopted in the context of the appeals filed against a decision issued by the Central Electoral Board on July 16, 2026.
While the proceedings are pending a final decision, the Supreme Court has temporarily suspended certain effects of CERA registration for individuals who acquired Spanish nationality under the Democratic Memory Law.
For CERA registration applications that are still being processed, the procedure may continue, but actual inclusion in the electoral census will be suspended in the affected cases.
Where an individual is already registered in CERA, the electoral effects of that registration will be temporarily suspended for future elections while the court proceedings remain pending.
⏺️ Does this mean that Spanish nationality has been suspended?
No.
Based on the information currently available, the measure affects CERA and, therefore, the exercise of certain electoral rights from abroad. It does not amount to a general suspension of Spanish nationality acquired under the Democratic Memory Law.
Nor should it be interpreted as a general suspension of all nationality applications processed under this law.
⏺️ Does it affect everyone who benefited from the Democratic Memory Law?
Not necessarily.
According to the information currently available, the Supreme Court distinguishes between cases where documentation individually proves that the applicant’s ancestor was an exile and cases where access to Spanish nationality was based on the general presumption established by the 2022 Instruction, under which applicants demonstrated that they were descendants of a person who left Spain between 1936 and 1955.
For this reason, the authorities have been asked to identify and distinguish between these situations before determining which CERA registrations are affected.
⏺️ What happens next?
This is an interim measure. The Supreme Court must still decide the merits of the case and determine the final scope of the dispute.
In addition, as of the publication date of this article, the full text of the court orders has not yet been published. It will therefore be necessary to review the complete decisions once available in order to assess their legal reasoning and precise scope.
ARC Legal will continue to monitor the publication of the decisions and any instructions that may be issued by the Central Electoral Board, and we will update this informaSpanish Supreme Court Temporarily Suspends CERA Electoral Rights for Certain Beneficiaries of the Democratic Memory Lawtion accorSpanish Supreme Court Temporarily Suspends CERA Electoral Rights for Certain Beneficiaries of the Democratic Memory Lawdingly.
⏺️ How can ARC Legal help you?
At ARC Legal, we provide comprehensive legal advice on Spanish immigration and nationality matters, tailored to each client’s individual circumstances.
We can assist you with:
- Spanish nationality applications
- Spanish residence procedures, including visas, initial residence permits, renewals, and modifications
- Legal strategy and medium- and long-term immigration planning
- Review and preparation of applications to be filed in Spain or through Spanish consulates
- Support throughout the entire procedure, from the initial assessment to the final decision
Our approach is straightforward: we provide a structured and transparent service that reflects the practical reality of Spanish administrative procedures, helping you make informed decisions and move forward with your immigration plans with greater certainty.
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- Spanish nationality under the Democratic Memory Law: 1.2 million applications filed
- Spanish Nationality by Residence | 2026 Guide
Prefer to read this article in Spanish 🇪🇸? You can find it here: El Tribunal Supremo suspende cautelarmente determinadas inscripciones en el CERA vinculadas a la Ley de Memoria Democrática
The content of this article is provided for informational purposes only and does not constitute legal advice. Spanish immigration and nationality rules are subject to ongoing changes in interpretation and administrative practice. At ARC Legal, we make every effort to keep our information up to date and verified against official sources. However, we always recommend consulting a specialized legal professional before starting any procedure or making legal decisions. If you need advice tailored to your circumstances, you can contact our firm.