Iustitia Europa has requested the Supreme Court to dismiss the participation of two associations in the judicial procedure regarding the grandchildren's law and the electoral roll of Spaniards residing abroad (CERA).
The organization chaired by lawyer Luis María Pardo argues that Cubans for Democracy and Spanish Ascendants in the World have not demonstrated their own legitimate interest required by legislation to intervene as co-defendants in the appeal against agreement 204/2026 of the Central Electoral Board (JEC).
The initiative comes after the Third Chamber of the high court, in an order dated October 12, opened a period of five days for the parties involved to argue about a possible cause for inadmissibility of both entities, in accordance with article 69.b of the Law on Contentious-Administrative Jurisdiction. The resolution also enabled the participation of third parties potentially affected by the precautionary measures, but distinguished that possibility from the specific issue of the legitimacy of the two associations. The procedure does not imply, therefore, that the Supreme Court has already agreed to their exclusion.
“No government strategy can turn an associative affinity into procedural legitimacy,” Pardo asserts. The president of Iustitia Europa defends that the litigation has a defined object: to determine the scope of the supervisory, inspection, and control competencies of the Central Electoral Board and the Electoral Census Office over the registrations in the CERA of those naturalized under the eighth additional provision of the Law of Democratic Memory.
The electoral effects
The organization insists that the controversy does not concern the recognition of Spanish nationality, but rather its electoral effects and the mechanisms for controlling the census. In its view, an association representing descendants of Spaniards or citizens residing abroad does not automatically acquire legitimacy to intervene in any procedure related to those groups. To do so, it argues, it must demonstrate a specific relationship between its statutory purposes, the collective interest it claims to defend, and the legal consequences that a potential ruling would have.
“The nationality and the census registration respond to different legal frameworks. Here, the control of the census and the powers of the Electoral Administration are discussed,” affirms Pardo. The document from Iustitia Europa demands that the court apply the procedural requirements rigorously and agree to the inadmissibility of the requests for representation from both associations, as well as their exclusion from the proceedings and the separate pieces of the procedure.
The conflict unfolds at a decisive moment for the more than 163,000 Spaniards residing abroad affected by the precautionary suspension of certain electoral effects of the nationalizations under the grandchildren law. The Supreme Court maintains the measure for the general elections on November 29, with exceptions for those who prove through consular certification the exile requirements established in the resolution. The Central Electoral Board, for its part, has ordered the documentation for voting to be sent to all registered in the CERA, leaving the validity of the affected votes subject to the judicial decision.
The controversy over the intervention of the associations thus opens an additional procedural front in a case that affects the exercise of the right to vote of Spanish citizens abroad. The decision on their legitimacy now corresponds to the Supreme Court, which must determine whether both entities meet the legal conditions to be part of the procedure.