Ein Verbündeterverband beschwert sich über die Entscheidung des Obersten Gerichts, ihm das Wahlrecht zu entziehen

The Spanish Supreme Court has upheld measures that prevent approximately 163,000 citizens who obtained their nationality through Spain’s Law on Democratic Memory from voting in the upcoming general elections on November 29. This decision was made by the court's Administrative Contentious Division, with five judges voting in favor and one judge dissenting. The affected individuals are those who gained Spanish citizenship via the eighth additional provision of the law, which allows descendants of emigrants to claim nationality based on their ancestors' exile during the Franco regime. According to the ruling, these individuals will only be allowed to vote if they obtain a certificate from a consulate confirming that their ancestors had been exiled. However, the administration has stated that it is unable to issue such certificates within the required timeframe. The measure has drawn criticism for its potential impact on the right to vote, particularly given the lack of evidence of wrongdoing against the affected individuals. The legal challenge stems from a dispute over the competence of the Central Election Board to audit registrations of absent residents. The Supreme Court's decision relies on a 2022 instruction from the Ministry of Justice regarding the implementation of the law, which has remained in effect for four years without being challenged. Critics argue that this measure goes beyond the scope of a precautionary measure and effectively preempts the outcome of the legal proceedings. A key point of contention lies in the interpretation of a 2020 Supreme Court ruling, which states that precautionary measures should not extend beyond the act being appealed unless necessary to avoid frustration of the judicial process. The current measure, however, applies to acts prior to the legal proceedings and does so without proportionality, according to critics. The affected individuals have not been formally notified of the proceedings nor were they given the opportunity to present their arguments before the measure was adopted. Although the court acknowledges this procedural flaw, it proposes a remedy involving public notices in the official gazette, allowing those affected to appear before the Supreme Court with legal representation within five business days. The Center for United Descendants of Spaniards (Ce.DEU), an organization representing exiled Spaniards and their families, has filed objections against the Supreme Court's decision. They emphasize their role in securing the recognition of nationality for the children and grandchildren of emigrants after 12 years of parliamentary deliberation. The group seeks to ensure that all Spanish citizens can exercise their right to vote, especially ahead of the upcoming general elections. The Central Election Board has ordered the Office of Electoral Census to send voting documents to the 2.7 million registered voters abroad, including the 163,020 individuals affected by the Supreme Court's decision. These documents will be sent between October 24 and 30, providing more time for embassies to locate and certify the numerous cases under scrutiny. In addition, the Central Election Board rejected a request from the Popular Party to review mail-in voting, citing a recent report by Correos indicating that the existing system provides sufficient guarantees for the voting process. The Council of Spaniards Abroad has expressed concerns that the Supreme Court's decision could inadvertently affect citizens not involved in the legal challenge, potentially disenfranchising them without due process.