The decision of the Supreme Court of Spain regarding the so-called "grandchildren's law" has created concern among thousands of Cubans who applied for or obtained Spanish nationality through the Law of Democratic Memory.
However, it is important to clarify its scope: the Supreme Court has not suspended the law on grandchildren, has not halted nationality applications, nor has it revoked any previously granted Spanish nationalities.
The measure adopted this Tuesday is >precautionary and affects the Electoral Census of Absent Residents (CERA) while the court addresses the appeal filed against a resolution of the Central Electoral Board (JEC).
In simple terms: what is at stake is the registration in the census and the possibility of voting for certain beneficiaries, not their status as Spanish citizens.
What has the Supreme Court exactly suspended?
The court distinguishes between those who have already registered in the CERA and those who are still processing that registration.
People who have already obtained Spanish nationality through this means, but have not yet been registered in the CERA, will be able to continue processing their census file until it is completed. Once finalized, the registration will be suspended until the Supreme Court issues a ruling on the merits of the case.
In the case of those who have already been registered in the CERA, the electoral effects of that registration are provisionally suspended for any processes that may be called while the procedure is being resolved.
This may temporarily prevent certain affected individuals from voting, but it does not mean they will lose their Spanish nationality.
Furthermore, the suspension does not equally affect all beneficiaries. The Supreme Court excludes individuals whose consular records certify that they directly meet the legal criteria concerning children or grandchildren of Spaniards by origin who lost or renounced their nationality as a result of exile.
Therefore, the court has ordered the differentiation of the cases resulting from the direct application of the law from those approved under the interpretation contained in the Instruction of October 25, 2022 from the Ministry of Justice.
Why did the electoral census end up in the Supreme Court?
The controversy centers on that instruction, which established a presumption of exile for Spaniards who left the country between July 18, 1936, and December 31, 1955. The appellants, Iustitia Europa and Vox, challenge the idea that this interpretation broadens the assumptions directly contemplated by the law.
The issue also took on a significant political dimension due to the growth of the Spanish electorate residing abroad. As of July 1, 2026, the CERA included 2,736,522 voters, approximately 408,000 more than in the registry used for the general elections of 2023.
Cuba holds a prominent place in that census: 169,008 Spaniards residing on the island were registered in the CERA as of July this year, placing the country among the top five with the highest number of Spanish voters abroad.
These figures should not be confused with the number of Cubans who applied for citizenship through the Law of Democratic Memory. Requesting or obtaining citizenship and being registered in the CERA are different situations.
The significant growth of the external census has opened in Spain a political debate about the possible influence of these new voters. Opposition sectors accused the Government of Pedro Sánchez of facilitating a modification of the census for electoral purposes, while the Executive defended the application of the Law of Democratic Memory.
However, the growth of the CERA does not allow us to conclude that new voters will vote for the PSOE or any other party. Its electoral impact also depends on participation and how votes are distributed among parties and constituencies.
Why did the Supreme Court decide to intervene now?
Iustitia Europa and Vox requested the precautionary measure, arguing that allowing the contested registrations to take effect before the dispute was resolved could cause irreparable harm.
The argument is that, if elections are held and those votes are counted, their effects on the outcome could not be undone later if the court concludes that certain additions to the electoral roll should not have occurred in that manner.
The Prosecutor's Office and the State Attorney opposed the suspension, but the Supreme Court partially approved the requested measure. The decision is precautionary and does not prejudge what the final ruling will be.
What does the decision mean for Cubans?
For the affected Cubans, it is important to distinguish three matters: having Spanish nationality, being registered in the CERA, and being able to exercise the right to vote.
If a Cuban has already obtained Spanish nationality through the Law of Democratic Memory, this decision will not be revoked. If they still have their nationality application pending, the Supreme Court has not ordered the suspension of its processing.
What may be suspended is their inclusion in the electoral roll or, if they are already listed, the electoral effects of that registration, depending on the legal basis of their case.
It is also incorrect to assert that all Cubans nationalized through the law of grandchildren are automatically deprived of the right to vote. The Supreme Court has established an exception for certain cases and has instructed the JEC and consular registries to separate the files based on the method by which they were recognized.
Therefore, expressions such as “Spain suspended the grandchildren's law,” “they are going to take away nationalities,” or “the Supreme Court annulled the granted citizenships” do not correspond to reality.
The key for Cubans is simple: the Supreme Court's decision affects the electoral roll and the vote of certain beneficiaries on a precautionary basis; it does not annul the grandchildren's law nor does it withdraw Spanish nationality .
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