The Supreme Court assures that it has provisionally suspended registrations in the Census of Spanish Residents Abroad (CERA) as a consequence of naturalizations under the so-called Grandchildren law, which opens the door to acquiring Spanish nationality and consequently the right to vote in general elections for descendants of Spanish exiles without the need to reside in Spain, due to the perception of a “well-founded, real and serious danger” to the objectivity and transparency of upcoming elections.
This is stated by the Supreme Court in two rulings made public this Thursday, in which the Fourth Section of the Contentious-Administrative Chamber of the Supreme Court explains the reasons for the provisional suspension of census registrations in the CERA, except for those who prove they are descendants of victims, until a decision is made on the merits of the matter. This concerns whether or not it endorses a Government instruction approved one week after the Democratic Memory law, which conveyed to officials that the status of exile would be “presumed” for all those who left Spain between 1936 and 1955 without distinction. The Supreme Court anticipates that this instruction “also does not seem to conform to the content of the legal norm it interprets.”
The precautionary measure was a consequence of appeals filed by the parties Iustitia Europa and Vox, who challenged the July agreement of the Central Electoral Board (JEC), which stated it had no authority to intervene in this matter.
In their rulings, the judges perceive a “well-founded, real and serious danger” of affecting the objectivity and transparency of the electoral process in the ruling resolving the Iustitia Europa appeal. It is indicated that the increase in registrations through the CERA is already such a considerable number that, if not verified, it could cause “irreversible harm to the fairness and correctness” of the elections.
The suspension will remain in place, except for those who prove they are descendants of victims, until the Contentious-Administrative Chamber of the High Court rules on the merits of the matter, which is whether or not it endorses a Government instruction approved one week after the law, which conveyed to the relevant officials that the status of exile would be “presumed” for all Spaniards who left Spain between 1936 and 1955 without distinction.
The rulings also distinguish two cases regarding the suspension. The first is for those who obtained Spanish nationality by origin through the right of option under additional provision 8.1 of Law 20/2022 and are not yet registered. For these, the process will continue until completion, but afterwards the registration will be suspended. For those already registered, the electoral effects of the registration in subsequent elections are suspended.
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The Supreme Court’s rulings also refer to the fact that Iustitia Europa appealed through the ordinary procedure, while Vox did so through the special procedure for the protection of fundamental rights.
Before examining the precautionary requirements, the judges recall in both rulings that article 1.2 of the Constitution declares that “national sovereignty resides in the Spanish people, from whom the powers of the State emanate.” They warn that the issues raised are “of exceptional relevance and significance for the validity of the democratic State.”
In balancing interests, the court considers that agreeing to suspend census registrations “is not disproportionate in relation to the general interests” it seeks to preserve, including the vote of Spaniards already correctly registered.
The High Court perceives a “serious and well-founded legal controversy” about the scope of the JEC agreement, which might not correspond to the management and supervision powers that the Electoral Law confers on it over the Electoral Census Office.
Dissenting opinion
The two rulings made public this Thursday each include dissenting opinions from Judge María Alicia Millán. One refers to the precautionary measures of the ordinary appeal and the other to the fundamental rights appeal. In her view, the suspension of census registrations under the Grandchildren law “anticipates a ruling on issues that constitute the main subject of the legal debate” and the risk invoked is built on “a future and uncertain hypothesis.”
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