Spain’s Supreme Court is hearing a dispute over the political rights of hundreds of thousands of new Spanish citizens. Both the Fiscalía and the Abogacía del Estado have rejected requests to freeze electoral registration for people granted citizenship under the Ley de Memoria Democrática, arguing that a freeze would deny them their constitutional right to vote. The Ministry of Política Territorial y Memoria Democrática says the law aims to address past injustices and restore rights to descendants of exiles.
Vox and Iustitia Europa are seeking to halt the registrations. They claim the rapid addition of new voters, descendants of exiles and emigrants, could skew election results. Their legal challenge targets a July decision by the Junta Electoral Central, which said it lacked authority to rule on the census effects of the so-called ley de nietos. Both groups are seeking urgent measures to stop the process, arguing that the integrity of the Censo Electoral de Residentes Ausentes (CERA) is at stake. As El País reports, the debate has intensified ahead of upcoming elections, with concerns about possible effects on local and national outcomes.
During two hearings in the Supreme Court’s administrative chamber, all sides presented their arguments. Vox’s Jorge Buxadé warned that without court intervention, the CERA would keep growing "anomalously if not illegally," and called it a "gigantic and massive fraud." He cited figures showing that the external census had grown by more than 29,000 in two months and by more than 400,000 since 2023. He attributed the increase to new nationals "without roots in Spain."
Official data from the Ministry of Política Territorial y Memoria Democrática offers more detail. By March 31, 2.4 million people had sought consular appointments to apply for citizenship under the law. Another 1.2 million had formally submitted requests, and 544,722 had received approval. In 2023, Spain recorded more than half a million approvals under the law in a single year. Of those covered by the figures, 306,000 are already registered in the census. The recent rise in external voters is not all due to the ley de nietos; other naturalizations also contribute. RTVE reports that the government says the process involves strict verification and documentation to prevent abuse and ensure that only eligible applicants are approved.
Iustitia Europa president Luis Pardo urged the court to act before the next electoral cycle. He argued that changes to the CERA could become permanent unless the process is stopped before the January 1 deadline for closing the 2027 regional and municipal election rolls. He said that in 162 municipalities, the number of external voters now matches or exceeds the number of local residents. In 558 municipalities, they make up at least half the electorate. Spain’s National Statistics Institute (INE) reported that the number of Spaniards residing abroad surpassed 2.8 million in 2024, continuing a steady rise over the past decade. This demographic shift has prompted electoral authorities to review external-voting procedures and update guidelines for municipal representation.
The Junta Electoral’s representative rejected claims of negligence, saying the body had requested more information from the Oficina del Censo Electoral and was working to clarify instructions, including how each CERA voter’s municipality is determined. The lawyer for the Cortes called the legal challenge premature. Both the state attorney and the prosecutor said that denying the suspension would cause no irreparable harm, one of the basic criteria for urgent measures.
Instead, they argued, blocking the registration of new citizens would cause harm by denying them the right to vote, a fundamental guarantee under Spain’s Constitution. The state attorney pointed out that electoral law requires all Spanish citizens over 18 to be included in the census, regardless of how they obtained nationality. Only a final criminal conviction can suspend this right. As El Mundo reports, legal experts say any attempt to collectively disenfranchise new citizens would likely face constitutional challenges and international scrutiny.
The legal dispute comes as Spain increases oversight of political processes and introduces new rules on lobbying and transparency. As reported earlier, the government has imposed strict penalties for lobbying violations, part of a broader effort to protect democratic institutions.
The Supreme Court’s decision will set a precedent for how Spain balances the rights of new citizens with concerns about electoral integrity. Prosecutors and state lawyers argue that the right to vote is a constitutional guarantee that cannot be suspended for political reasons.
