On 2026-10-12, the Supreme Court confirmed the suspension of voting rights for people who had become Spanish citizens under the Law of Democratic Memory.
Four days later, on 2026-10-16, the Defensor del Pueblo, Ángel Gabilondo, filed a constitutional appeal against that suspension. The appeal was lodged after the Supreme Court’s decision had become final. The Defensor’s office stated that the appeal seeks to have the Constitutional Court review the suspension and, if warranted, lift it. The filing came on the same day that multiple other actions were recorded: the Defensor also requested urgent measures from the Constitutional Court and lodged the appeal again, reflecting the urgency perceived by the office.
In the filing, the Defensor del Pueblo specifically asked the Constitutional Court to adopt immediate measures. The request was framed as a precautionary step, intended to clarify the interpretation of the Supreme Court’s decision while the substantive case proceeds. The Constitutional Court will consider the appeal as a precautionary measure and will not require prior input from the affected parties before acting.
The Constitutional Court will consider the appeal as a precautionary measure and will not require prior input from the affected parties before acting.
The government had previously pursued other legal avenues to address the issue, but those avenues were exhausted. The Abogacía del Estado concluded it was not legally able to file the appeal, leaving the Defensor del Pueblo as the remaining institution capable of bringing the matter before the Constitutional Court. This shift placed the responsibility for seeking relief squarely on the Defensor’s office.
The suspension impacts a substantial group of newly naturalized Spaniards. The Defensor del Pueblo’s appeal rests on the argument that treating a segment of the citizenry differently with respect to voting rights runs contrary to constitutional guarantees of equal treatment.
Although the Defensor has asked for urgent measures, The Constitutional Court is not expected to act until the allegations process is complete. This means that any immediate relief will depend on the court’s preliminary assessment of the precautionary request, while the full examination of the case will follow later in the procedural timeline.
The outcome will determine whether the 160,000-plus individuals who gained citizenship under the Law of Democratic Memory will regain their voting rights or continue to be excluded from the electoral process.