The Tribunal Constitucional is expected to reject urgent interim relief sought by the Defensor del Pueblo, leaving the Supremo’s voting restriction in place for now. The case concerns Spanish nationals living abroad who gained citizenship under the ley de nietos.
The Tribunal Constitucional’s full bench is scheduled to meet at 10:30 on Wednesday to consider the Defensor del Pueblo’s request for urgent interim relief. Sources consulted by SER expect a majority to reject it. That would leave the Supremo’s restriction on voting in place for now.
The case concerns Spanish nationals who acquired citizenship under the Ley de Memoria Democrática, through a route commonly known as the ley de nietos, and live abroad. The procedure covers descendants of Spaniards exiled or persecuted during the Civil War and dictatorship. The appeal account cites 160,000 people, while information attributed to Tribunal de Garantías sources puts the number of residents abroad at 163,000.
The restriction stems from the position of the Tribunal Supremo, whose administrative chamber confirmed on 12 October that the suspension of voting would remain in place for the coming general election. On 16 October, Defensor del Pueblo Ángel Gabilondo filed a recurso de amparo with the Constitutional Court, seeking urgent interim measures to let the affected citizens exercise their active voting rights. The ombudsman said he acted after receiving numerous requests from individuals and organizations. The relief sought is provisional and would not decide the constitutional appeal on its merits.
Those sources say most justices consider an interim decision premature because the Supremo could still modify its measure. The expected ruling would address the request for precautionary protection, not decide the appeal itself.
The decision is not expected to be unanimous. Some justices from the progressive wing are said to oppose keeping the restriction in force, arguing that it violates the affected citizens’ fundamental rights.
In its appeal, the Defensor del Pueblo argues that the Supremo’s measure creates legal uncertainty and excessively interferes with fundamental rights. It also says Spanish nationality and the right to vote are inseparable. The filing points to a difference on 29 November: a person naturalised under the ley de nietos who lives in Spain would be able to vote, while someone living abroad would not if the restriction remains.
Related coverage of the same election has included talks over Senate lists involving PP and Vox.
