Spain's grandchildren law: Spanish nationality by origin and irrevocable

The grandchildren law: nationality by origin with no way back

The controversy surrounding Sánchez's Government's proposal to grant Spanish nationality to descendants of Spaniards has peine a far-reaching legal debate. The most contentious point is not only the expansion of the right, but the nature of the nationality that would be granted: by origin, which under Article 11.2 of the Constitution makes it irrevocable. In other words, the State could not revoke it afterwards, neither from the beneficiaries nor from their descendants.

A legal monstrosity or a matter of rights

Critics argue that the legal figure is being used in a twisted way. A judge from Spain's Constitutional Court has defended the measure by appealing to human rights, but detractors point out that the mass granting of nationality through a remote family tie is not a recognised human right. "Nationality will lose its value," warn some analyses, which estimate that half of the American continent could gain access to the Spanish passport and, with it, free movement within the EU.

Political opposition absent, according to the source

The debate goes beyond the legal sphere: the parliamentary opposition, according to critics, has barely raised its voice. Some speak of an "oligarchic regime" where dissent is pure theatre. Meanwhile, the instruction that would enable the measure is considered a "distortion of the rules" that sidesteps the organic law procedure.

A precedent with no way back

If the nationality is by origin, it means that not only the applicant, but also their future children and grandchildren will have it guaranteed. It is, in the words of critics, a "monstrosity" that, if not reversed, would change Spain's demographic and rights landscape. Is it really necessary to grant nationality to hundreds of thousands of people who have never set foot in the country?