Spain's Supreme Court halts 'Grandchildren Law' over election risk

The Supreme Court halts the Grandchildren Law

The Grandchildren Law, which grants nationality to descendants of Spaniards, creates a "founded, real and serious danger" for elections, according to the Supreme Court. The effects on the electoral roll of newly naturalized citizens through this route are suspended.

The Supreme Court has put the brakes on the application of the Grandchildren Law regarding the electoral roll, alleging a "founded, real and serious danger" to the transparency and objectivity of electoral processes. The decision, which grants precautionary measures requested by the party **Iustitia Europa** and **Vox**, is based on a notable increase in the number of Spanish residents abroad registered in the census (CERA) since the law came into force.

## Unprecedented increase in CERA

Since **Law 20/2022**, known as the Grandchildren Law, began to be applied, an "exceptional" increase in voters registered in CERA has been observed. Data indicate that by **1 July 2026** there were **2,736,522** voters in this census, compared to **2,328,260** registered for the **2023** general elections. This represents an increase of **408,262** voters in just over a year. Some constituencies, such as **Madrid** and **Barcelona**, have experienced particularly significant increases, with **115,572** and **43,439** more voters respectively. This increase, according to the High Court, had not occurred prior to the law and its interpretive instruction being in force.

## Risk of alteration and irreversible damage

The Supreme Court considers that this "extraordinary" increase and its "constant growth" could alter the legal regularity of the electoral roll. The Chamber argues that the impact of these new registrations in the different electoral constituencies could affect the transparency of the process and public confidence in the results. This creates a "founded circumstance of uncertainty about the electoral result". The risk that this trend continues and generates "irreversible damage to the rectitude and correctness" of the electoral process is what has led to the precautionary suspension of the law's effects on the census.

## Dissenting opinion and nuances

Despite the majority decision, Judge **María Alicia Millán** has issued a dissenting opinion. In her view, the mere acquisition of Spanish nationality under the contested law is not sufficient, by itself, to justify the suspension. She notes that nationalities have been acquired in accordance with the regulatory framework in force at the time, and that the eventual upholding of a subsequent appeal should not retrospectively transform already consolidated legal situations into illegitimate ones. The judge considers that there is no "qualified risk" that makes it necessary to exclude the vote of these citizens.


- The **Supreme Court** has suspended the effects of the Grandchildren Law on the electoral roll.
- An increase of **408,262** voters in CERA has been recorded up to **1 July 2026**.
- The decision is based on a "founded, real and serious danger" for elections.
- **Iustitia Europa** and **Vox** requested the precautionary measures.