The so-called Grandchildren's Law, which allowed thousands of descendants of Spaniards to obtain Spanish nationality, is once again at the center of a controversy that now reaches Congress and the Supreme Court. The high court has provisionally suspended certain electoral effects linked to those who accessed nationality through this route, after questioning the administrative criterion that presumes the condition of exiled for Spaniards who left the country between 1936 and 1955.
In this context, Sumar, through its deputy Enrique Santiago, registered on September 16 a proposal to amend the Organic Law of Education of 2006 and the regulations on improving the conditions of non-university teaching staff, with which it proposes to modify the very Law of Democratic Memory and elevate to legal status the criterion of the instruction on the condition of exile.
The amendment is formally presented to that educational bill, but its content introduces a modification of the Law of Democratic Memory. Vox, for its part, has announced that it is studying ways to prevent its approval.
Beyond VOX's position, at this point, legal sources consulted by DEMÓCRATA consider, however, that a possible approval of this reform would not alone nullify the precautionary decisions already adopted by the Supreme Court. The technical reason, they explain, is that there is an open judicial procedure and a currently valid precautionary measure, so it would be up to the court itself to determine what effects a possible change in legislation would have on it and to what extent it could affect the known Grandchildren's Law.
From a political point of view, sources from the United Left Group consulted by DEMÓCRATA reiterate that it has been their legal service that has ultimately articulated this amendment and consider that it has legal and constitutional possibilities of prospering if the majority of political forces vote in favor.
These same sources maintain that a possible legal modification should be respected in the judicial procedure and consider that the approval of the reform would obligate the Supreme Court to reassess the scope of the precautionary measures in light of the new regulatory framework.
The rank of law
In this way, the controversy over the application of the so-called Grandchildren's Law now enters a new parliamentary phase. Sumar has registered an amendment to modify the Democratic Memory Law and convert into law the criterion that Justice used to presume the status of exiled for certain Spaniards who left the country between 1936 and 1955.
The initiative comes after the Supreme Court has provisionally suspended certain electoral effects of the nationalizations carried out under this route.
The proposal is not a new specific law on nationality. Sumar intends to introduce the modification through an amendment to the Organic Law project for the improvement of Education that is currently being processed in Congress. Its declared objective is to guarantee the voting right of the descendants of exiles and to transfer to the Democratic Memory Law the criterion that until now was included in an administrative instruction from Justice.
The parliamentary movement comes while the precautionary measures agreed upon by the Supreme Court continue to unfold. The Central Electoral Board has requested information from the Electoral Census Office and from consular registers to determine which nationals under the Grandchildren's Law are affected by the ruling of the high court. The JEC decided not to appeal the order by seven votes to six.
CERA: the increase of the external census
- The Census of Residents Absent (CERA) counted 2,736,522 voters as of July 1, 2026, compared to 2,328,260 in the general elections of 2023: 408,262 more voters.
- The Supreme Court has considered that the extraordinary increase in the census constitutes a relevant element to adopt precautionary measures regarding certain electoral effects of the nationalizations linked to the Grandchildren's Law.
- The Supreme Court's measures do not annul the nationalizations or Spanish nationality. They refer to certain census and electoral effects while the judicial procedure is resolved.
- The increase in CERA cannot be entirely attributed to the Grandchildren's Law: the external census also includes registrations, cancellations, and modifications resulting from other registration movements.
- The debate therefore focuses on what part of the census growth comes from the application of the Grandchildren's Law and, especially, from the administrative interpretation used to certify the status of exiled.
The criterion that Sumar wants to turn into law
The Law 20/2022, of Democratic Memory, opened a way for certain descendants of Spaniards to opt for Spanish nationality. One of the assumptions includes those born outside of Spain whose father, mother, grandfather, or grandmother was originally Spanish and lost or renounced their nationality as a consequence of exile.
The instruction from the General Directorate of Legal Security and Public Faith from October 2022 developed the application of this provision and established a presumption for those who left Spain between July 18, 1936, and December 31, 1955. It is precisely this presumption that is at the center of the judicial controversy.
Sumar now intends to expressly incorporate it into the Law of Democratic Memory. The proposal contemplates that the descendants of Spaniards who went into exile for political, economic, social, ideological reasons, beliefs, or sexual orientation and identity can resort to the nationality pathway and legally establishes the presumption linked to the period 1936-1955.
The difference in normative rank is relevant. Currently, the criterion of the presumption comes from an administrative instruction; with the reform, it would appear directly in a law approved by the Cortes.
The Supreme Court has already adopted precautionary measures regarding its electoral application
The immediate origin of the initiative lies in the resolutions issued by the Supreme Court at the beginning of September.
The high court agreed on precautionary measures regarding certain electoral effects of the nationalizations obtained through the Grandchildren's Law. In particular, it suspended the effects of certain registrations in the Electoral Census of Absent Residents (CERA) and new registrations when the link with an exiled Spaniard is not accredited, while the substance of the procedure is resolved.
The appeals were promoted, among others, by Iustitia Europa, which questioned before the Supreme Court the application of the Justice instruction, and by Vox. The court has not annulled the nationality of the affected individuals: the measures adopted refer to their electoral effects while the litigation is resolved.
The Supreme Court also took into consideration the growth of the CERA. As of July 1, 2026, there were 2,736,522 voters residing abroad, compared to the 2,328,260 registered for the general elections of 2023. That is 408,262 more voters. The increase is one of the elements analyzed by the court when justifying the adoption of provisional measures.
This increase, however, cannot be entirely attributed to the Grandchildren's Law, since the CERA also records other movements of registration and updates.
THE DEMOCRATIC MEMORY LAW: The law and the instruction
- The Law 20/2022, on Democratic Memory, approved by the Cortes, established a pathway for certain descendants of Spaniards to apply for nationality, including the children and grandchildren of Spaniards who suffered exile and lost or renounced their nationality.
- The controversy focuses on the instruction of October 25, 2022, signed by Sofía Puente when she was the director general of Legal Security and Public Faith.
- This instruction established a presumption of the condition of exile for those who left Spain between July 18, 1936, and December 31, 1955. The Supreme Court has questioned precisely the effects of this interpretation on the procedure regarding overseas voting.
- The PP and Vox have questioned whether an administrative instruction can expand or develop in that way the assumptions established by an organic law, considering that the presumption was not explicitly established by the Cortes. This is one of the keys to their opposition to the current application of the norm.
- The debate about the normative rank is central: the Democratic Memory Law has the rank of an organic law, while an administrative instruction is a tool for development and application. Precisely for this reason, Sumar is now proposing to incorporate into the law itself the criterion regarding the presumption of exile that until now was included in the instruction.
Sumar's reform would not automatically lift the precautionary measures
Here lies the main legal element of the new initiative.
Sumar argues that bringing the criterion into a law would allow overcoming the doubts raised about the administrative instruction. Enrique Santiago has explained that the intention is to guarantee the voting rights of naturalized citizens and to establish as a legal norm the criterion applied by Justice.
But an eventual approval of the amendment would not automatically imply the lifting of the precautionary measures of the Supreme Court.
Judicial sources consulted by Demócrata consider that the modification would be insufficient, by itself, to nullify the measures that the high court has already agreed upon. The reason is that there is an open judicial procedure and a current precautionary resolution. Therefore, even if Congress approved a new regulation, it would be up to the Supreme Court itself to determine what effects that modification has on the measures adopted and on the pending litigation.
Iustitia Europa will take the reform to the Supreme Court
The parliamentary initiative also introduces a new movement in the judicial procedure.
Iustitia Europa was one of the organizations that went to the Supreme Court to question the application of the Justice instruction and requested the precautionary measures that were later partially agreed upon by the court. In fact, they are now studying taking this issue to the Court of Justice of the European Union.
According to sources familiar with their strategy consulted by DEMÓCRATA, if the legislative modification of Sumar goes ahead, Iustitia Europa will communicate to the Supreme Court the approval of the new norm so that the Chamber can assess its effects within the procedure.
The organization maintains that the legislative modification does not eliminate the object of the precautionary measures that are already in force. According to judicial sources consulted by this newspaper, the Supreme Court could rule on the impact of the new regulation and maintain, modify, or lift the measures depending on what it legally determines.
A law that has generated hundreds of thousands of nationalizations
The dimension of the controversy is also explained by the volume reached by the Grandchildren's Law since its entry into force.
The latest official data released by the Government places the number of 571,761 approved files under the Democratic Memory Law and 333,696 registrations made at the consulates. Foreign Affairs has also counted more than a million applications received within this process.
The norm has allowed descendants of Spaniards residing mainly in Latin America and other countries to apply for Spanish nationality through the assumptions established by the eighth additional provision of the Democratic Memory Law.
The growth in the number of naturalized citizens has also been reflected in the external census. The CERA has increased by more than 400,000 people since the last general elections, although there is no public figure that allows attributing all that growth to the Grandchildren's Law.
It is not the only Democratic Memory reform being processed by Congress
The new initiative from Sumar should not be confused with another modification of the Democratic Memory Law that is already in parliamentary processing.
Congress is processing as a bill, after its validation, Royal Decree-law 6/2026, of March 3, which modified the Democratic Memory Law to expand certain recognitions to deceased persons or those with disabling injuries due to their activity in defense and advocacy of democracy.