Spain's ombudsman takes Supreme Court voting suspension to the Constitutional Court

Spain's Defensor del Pueblo (parliamentary ombudsman) has filed an appeal before the Constitutional Court against the suspension of voting rights under the 'grandchildren law'. The appeal seeks to review a precautionary measure by the Supreme Court that affects the voting rights of descendants of emigrants.

The Defensor del Pueblo has filed an appeal before the Constitutional Court against the suspension of voting under the 'grandchildren law'. The Supreme Court's precautionary measure affects the right to vote of descendants of Spanish emigrants covered by the Democratic Memory Law.

## What is being appealed, and to whom

The appeal for constitutional protection reaches the Constitutional Court after the Supreme Court provisionally suspended voting by those registered under the 'grandchildren law'. The suspension was adopted as part of litigation over the requirements for voting from abroad. The Defensor del Pueblo acts as the institution empowered to defend fundamental rights.

The 'grandchildren law' is the name given to the eighth additional provision of the Democratic Memory Law, in force since October 2022. It allows children and grandchildren of emigrants to apply for Spanish nationality. The application deadline ended on 22 October 2025.

## The right to vote at stake

Article 23 of the Constitution recognises the right to take part in public affairs. The Supreme Court's precautionary suspension prevents a group of people from voting while the substance of the matter is being resolved. The appeal before the Constitutional Court seeks to lift that suspension.

The Supreme Court adopted the measure as part of a procedure concerning the electoral roll of absent residents. The dispute centres on whether those who obtained nationality through this route meet the requirements to vote in general elections. The Constitutional Court must rule on the possible abusa of the right to vote.

## What the Constitutional Court may decide

The court may admit or reject the appeal. If it admits it, it may lift the precautionary suspension or keep it in place until it rules on the substance. The decision affects those registered under the 'grandchildren law' who have applied to vote from abroad.

The Constitutional Court has previously ruled on appeals concerning the voting rights of absent residents. The court's doctrine requires that any limitation of that right be proportionate and justified. The case arrives at a time of debate over the external electoral roll.