Spain's Supreme Court Maintains Grandchildren Law: Implications for Cubans

The recent ruling by Spain's Supreme Court regarding the so-called "grandchildren law" has stirred concern among thousands of Cubans who have sought or acquired Spanish nationality through the Law of Democratic Memory.

However, it's crucial to understand the specifics: the Supreme Court has not suspended the grandchildren law, halted nationality applications, or revoked Spanish citizenships already granted.

This temporary measure, taken on Tuesday, pertains to the Electoral Census of Absent Residents (CERA) while the court deliberates on an appeal against a decision by the Central Electoral Board (JEC).

In layman's terms, the issue at stake is related to census registration and voting eligibility for certain beneficiaries, not their status as Spanish citizens.

Temporary Suspension Details

So, what exactly has the Supreme Court suspended? It differentiates between individuals already listed in the CERA and those still processing their registration.

For those who have acquired Spanish nationality through this route but haven't yet been enrolled in the CERA, the processing of their census file may continue until completion. Once finalized, their registration will be on hold until the Supreme Court reaches a verdict on the core issue.

For individuals already registered in the CERA, their electoral rights are temporarily suspended for any upcoming elections while the process is ongoing.

This may temporarily restrict some from voting, but it does not imply a loss of Spanish citizenship.

Who is Affected by the Suspension?

The suspension does not impact all beneficiaries equally. The Supreme Court excludes individuals whose consular records confirm they directly meet the criteria related to children or grandchildren of original Spaniards who lost or renounced their nationality due to exile.

Thus, the court has directed a distinction between cases directly applying the law and those approved under the interpretation from the Ministry of Justice’s Instruction of October 25, 2022.

Background on the Electoral Census Issue

The controversy centers on this instruction, which presumed exile for Spaniards who left between July 18, 1936, and December 31, 1955. Petitioners, including Iustitia Europa and Vox, argue that this interpretation broadened the law's direct provisions.

Additionally, the issue has taken on a political dimension due to the growing number of Spanish voters abroad. By July 1, 2026, the CERA included 2,736,522 voters, marking an increase of about 408,000 compared to the census used for the 2023 general elections.

Cuba is notably represented in this census: by July 2026, 169,008 Spaniards residing in Cuba were listed in the CERA, placing the country among the top five with the highest number of Spanish voters abroad.

It's important to distinguish these figures from the number of Cubans who applied for nationality via the Law of Democratic Memory. Applying for or obtaining nationality and being listed in the CERA are distinct situations.

Political and Legal Implications

The significant increase in the foreign census sparked political debate in Spain about the potential influence of these new voters. Opposition sectors accused Pedro Sánchez's government of manipulating the census for electoral purposes, while the administration defended the implementation of the Law of Democratic Memory.

Nevertheless, the CERA's growth does not imply that new voters will automatically favor the PSOE or any other party. Their electoral impact also hinges on participation rates and the distribution of votes across parties and districts.

Reason Behind Supreme Court's Intervention

Iustitia Europa and Vox requested the provisional measure, arguing that allowing the contested registrations to influence election outcomes before resolving the dispute could cause irreparable damage.

The concern is that if elections occur and those votes are counted, reversing their impact on the results would be impossible if the court later determines that certain census inclusions were improper.

Although the State Attorney and Public Prosecutor's Office opposed the suspension, the Supreme Court partially granted the requested measure. The decision is provisional and does not prejudge the final ruling.

Consequences for Cubans

For Cubans affected, three key aspects must be considered: having Spanish nationality, being listed in the CERA, and the ability to vote.

If a Cuban has already obtained Spanish nationality through the Law of Democratic Memory, this decision does not revoke it. If their nationality application is still pending, the Supreme Court has not ordered a halt in processing.

The suspension may affect their inclusion in the electoral census or, if already listed, the electoral consequences of that registration, depending on the legal basis of their case.

It’s also incorrect to claim that all Cubans nationalized through the grandchildren law are automatically barred from voting. The Supreme Court has made exceptions for specific cases and instructed the JEC and consular registries to separate files based on their recognition pathway.

Thus, phrases like "Spain suspended the grandchildren law," "they will take away nationalities," or "the Supreme Court annulled granted citizenships" do not accurately reflect the situation.

The takeaway for Cubans is straightforward: the Supreme Court's decision provisionally affects the electoral census and the voting rights of certain beneficiaries but does not nullify the grandchildren law or revoke Spanish nationality.