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Back|The Government alleges before the Supreme Court that it is now "materially impossible" to also suspend the voting of the children of those who benefit from the 'grandchildren law'
The Government alleges before the Supreme Court that it is now "materially impossible" to also suspend the voting of the children of those who benefit from the 'grandchildren law'
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El Mundo·1 hour ago·Law·2 min read·🇪🇸Spain·

The Government alleges before the Supreme Court that it is now "materially impossible" to also suspend the voting of the children of those who benefit from the 'grandchildren law'

Alleges material impossibility to identify children of those nationalized by the law on grandchildren and the law on Historical Memory before 29-N

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The State Attorney's Office has opposed the suspension of voting being extended to the children of those who obtained nationality through the law on grandchildren and the law on Historical Memory of 2007, a group of almost 190,000 people, alleging the material impossibility of identifying them before the 29-N elections due to the advanced deadlines and the burden on the consulates.

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Why It Matters

The Democratic Memory Law of 2022 granted the right to request nationality to certain groups, including exiles and their descendants. The State Attorney's Office had previously opposed the revision of the law on grandchildren, arguing that a precautionary measure that blocks a fundamental right such as political participation is not justified.

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The State Attorney's Office has opposed the extension of the suspension of voting to the children of those who achieved nationality through the law on grandchildren and who had also registered on the electoral roll of residents abroad.

Among the reasons given by the legal representation of the Government is the "material impossibility" of proceeding with the identification of this group, given the advanced deadlines for the 29-N electoral call.

The letter to the Contentious Chamber of the High Court recalls that the Government has needed "a month and a half" of enormous effort in the consulates to prepare the list of those who obtained nationality in accordance with the law on grandchildren without having documented that they were exiled.

Complying with the Supreme Court's order to deliver the list last week required the participation "of practically all of the 172 consular offices with civil registration functions, the implementation of provisional data transmission systems, the urgent development of specific computer tools, the mobilization of additional personnel, the cancellation of previously authorized vacations, the express requirement to provide services during weekends and holidays, the authorization of temporary closures to the public of numerous offices and the priority reallocation of human resources normally intended for the ordinary provision of consular services".

Repeating the task with a new, even larger group - almost 190,000 people - "is materially incompatible with the available resources and with the maintenance of essential public services that consular offices must continue to provide."

The extension of the precautionary measure requested by Iustitia Europa and by Vox requested to block the vote of another of the blocks to which the Democratic Memory Law of 2022 gave the right to request nationality. This time not to the exiles - or presumed exiles - but to their children and, furthermore, to those who obtained passports in accordance with the previous Historical Memory law, approved in 2007.

This is a total of 189,678 people, compared to the list of 163,020 nationalized by the grandchildren law that Justice and Foreign Affairs had to examine. These almost 190,000 include both children of nationalized people in accordance with the first law (promoted by the Government of José Luis Rodríguez Zapatero) and the second, the law on grandchildren. The Legal Profession highlights that the first block should, in any case, be left out of the precautionary measure, because the validity of the Historical Memory Law of 2007 has not been questioned in the procedure.

To these practical objections, the State Attorney's Office adds those that it already stated from the beginning in the review of the law on grandchildren: that a precautionary measure that involves blocking a fundamental right such as political participation is not justified.

Open Questions

  • ?What will be the final decision of the Supreme Court on the extension of the precautionary measure?
  • ?Will the almost 190,000 nationalized people finally be allowed to vote in the 29-N elections?

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This article was originally published by El Mundo.

Quick Look

The State Attorney's Office has opposed the suspension of voting being extended to the children of those who obtained nationality through the law on grandchildren and the law on Historical Memory of 2007, a group of almost 190,000 people, alleging the material impossibility of identifying them before the 29-N elections due to the advanced deadlines and the burden on the consulates.

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El Mundo
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Published
1 hour ago
View original
state lawyer
grandchildren law
democratic memory law
state lawyer
José Luis Rodríguez Zapatero
State Attorney
Iustitia Europe
Vox
Ministry of Justice
Spain
grandchildren law
democratic memory law
historical memory law
vote
elections
nationality

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