Spain’s top constitutional tribunal on Tuesday rejected the Ombudsman’s appeal to lift the suspension of the highly contentious “grandchildren law”, leaving the measure that would grant voting rights to naturalised Spaniards abroad in limbo.
Legal background and the law at stake
The “grandchildren law” seeks to extend suffrage to Spanish citizens who obtained nationality through descent – often referred to as “grandchildren” of Spaniards who emigrated decades ago. Proponents argue it would correct a democratic deficit for the diaspora, while critics claim it could tilt the electoral balance in favour of the ruling PSOE‑led coalition. The proposal has been blocked by the Constitutional Court pending a full review of its constitutionality.
The appeal was filed by the Defensor del Pueblo, Spain’s independent ombudsman, which argued that the suspension infringed on the political rights of millions of expatriates. The court, however, ruled that the suspension remains in effect, rejecting the ombudsman’s request to restore voting rights for the upcoming election.
"Cayetana Álvarez de Toledo accuses Pedro Sánchez of seeking a ‘pucherazo’ and asks the Constitutional Court to ‘not be an accomplice’," reported El Constitucional.
Government response
Prime Minister Pedro Sánchez’s administration said it would respect the court’s decision while awaiting a “definitive ruling” that could eventually allow the overseas vote. Demócrata quoted government spokespeople as stating that the ruling does not close the door on the law’s future, but that the administration will comply with the court’s order in the meantime.
Interior Minister Fernando Grande‑Marlaska was not mentioned in the reports, but the government’s legal team indicated that the appeal’s rejection does not preclude a final judgment on the law’s constitutionality later this year.
Opposition parties celebrate and warn
The centre‑right People's Party (PP) hailed the decision as a victory against what it calls electoral “fraud”. Demócrata noted that PP leader Alberto Núñez Feijóo warned the court to tighten criteria for Spanish nationality and warned that the law could “steal the elections from us”.
Far‑right Vox also praised the outcome, calling it a “win” for Spanish citizens and accusing the Sánchez government of “preparing electoral fraud”. According to Demócrata, party leader Santiago Abascal alleged that the prime minister is capable of “stealing the elections”.
The opposition narrative was echoed by PP deputy Cayetana Álvarez de Toledo, who urged the court not to be an “accomplice” in what she described as a “pucherazo” – a term for vote‑rigging.
Legal and political ramifications
In a related development, a separate criminal complaint was admitted against the sister of Interior Minister Fernando Puente, as reported by La Voz de Galicia. The case, unrelated to the grandchildren law, underscores the heightened scrutiny of government officials ahead of the election.
Analysts warn that the suspension could leave “Spaniards” without a vote on November 29, as noted by Demócrata. With the election only weeks away, the final constitutional ruling on the grandchildren law could become a decisive factor in the campaign narrative for both the governing coalition and the opposition.
Legal experts expect the Constitutional Court to issue a comprehensive judgment on the law’s constitutionality later in 2026, a decision that will determine whether the diaspora will be able to participate in future elections.
