Lorraine Williamson
Spain’s Constitutional Court has rejected an urgent appeal seeking to restore voting rights to more than 163,000 Spanish citizens living abroad who obtained nationality under the Democratic Memory Law.
The decision leaves the Supreme Court’s temporary restrictions in place ahead of the general election on 29 November, although the legal dispute has not yet been settled.
Constitutional Court considers appeal premature
The Constitutional Court rejected the appeal brought by Spain’s Ombudsman, Ángel Gabilondo, by a vote of 10 to 2. The majority considered the appeal premature because proceedings remain open before the Supreme Court and the ordinary judicial process has not been exhausted.
The decision does not settle whether the voting restrictions themselves are lawful. The Supreme Court still has an opportunity to reconsider its interim measures following submissions from those affected.
Why 163,000 Spanish citizens are affected
The dispute concerns people who obtained Spanish nationality through the Democratic Memory Law, commonly known as the ley de nietos, which provides a route to citizenship for certain descendants of Spaniards who left the country.
The Supreme Court maintained temporary voting restrictions affecting approximately 163,020 naturalised Spanish citizens living abroad. An exception applies where Spanish consulates certify that individuals meet the specified requirements concerning descent from exiles.
The restrictions concern the Censo Electoral de Residentes Ausentes (CERA), the electoral register used by Spanish citizens living overseas. They do not mean that those affected have lost their Spanish nationality.
Ombudsman raises concerns over fundamental rights
The Ombudsman challenged the restrictions on the grounds that they could infringe constitutional protections relating to political participation, equality and access to justice.
In his appeal, Gabilondo argued that the suspension could prevent affected citizens from exercising their right to vote because of the tight electoral timetable. He requested urgent measures to restore their ability to participate while the wider legal dispute continued.
Two Constitutional Court judges disagreed with the majority’s decision. Their objections included concerns about the potential infringement of fundamental rights and unequal treatment of Spanish citizens depending on where they live.
Uncertainty remains ahead of November election
The Constitutional Court’s decision means the Supreme Court’s temporary restrictions remain in force for now. However, the Supreme Court has not completed its consideration of the matter and may still alter the measures.
With Spain’s general election scheduled for 29 November, the outcome remains particularly significant for affected Spanish citizens living abroad. The Constitutional Court’s decision is a procedural setback for their appeal, rather than a final ruling on the underlying right to vote.