Spain's Constitutional Court chief slams Supreme Court: "It violates the right to vote"

Spain's grandchildren law, which eases the path to Spanish nationality for descendants of Spaniards, faces a precautionary suspension by the Supreme Court, drawing criticism from the president of the Constitutional Court, **Cándido Conde-Pumpido**, who sees it as a abusa of the right to vote.

## The grandchildren law and its electoral impact

The law, which allows descendants of Spaniards abroad to obtain Spanish nationality, has sparked considerable debate, especially over its possible impact on the census of Spaniards residing abroad (CERA). The Supreme Court, at the request of **Iustitia Europa** and **Vox**, has precautionarily suspended the law's effects on the CERA. The Supreme Court's argument centers on the need to preserve "the transparency of the electoral process and citizens' confidence in its results," in the face of an "extraordinary increase in the number of voters registered in the CERA." It is argued that this growth could seriously undermine electoral objectivity and transparency, causing irreversible harm. The Supreme Court's final ruling on the matter is expected after Christmas, although deadlines have been shortened due to the filing of an appeal for abusa of fundamental rights.

## The Constitutional Court's criticism

**Cándido Conde-Pumpido**, president of the Constitutional Court, has voiced his disagreement with the Supreme Court's decision. According to sources, **Conde-Pumpido** has stated that the Supreme Court's suspension of the grandchildren law "abusa the fundamental right to suffrage," that is, the right to vote. These remarks were reportedly made before the matter formally reached the Constitutional Court, which has led to accusations of bias. It is noted that **Conde-Pumpido** may have to recuse himself from future deliberations on the matter, given his publicly expressed position. These statements are seen as a lack of respect for the Constitutional Court and its justices, and could be interpreted as an attempt to influence future decisions.

## Possible paths for the grandchildren law

The current situation presents several ways to resolve this conflict. One option is for the Constitutional Court to uphold an amparo appeal (a fundamental-rights protection appeal) filed by the State Attorney's Office or the Public Prosecutor's Office on behalf of the Government, once the Supreme Court issues its ruling. In that case, a precautionary measure would be sought to keep the grandchildren law in force until the Constitutional Court's final decision. Another, faster route would involve the Government filing an amparo appeal with the Constitutional Court against the Supreme Court's precautionary suspension. In this appeal, the suspension of the Supreme Court's precautionary measure would be requested, allowing the grandchildren law to remain in application before the Constitutional Court rules on the merits. The final decision will rest with the Constitutional Court, which must weigh the right to vote against the integrity of the electoral process.