Supreme Court Summons Children of Naturalized Citizens Under Democratic Memory Law: 20 Days to Act

Key data

If you are an adult child of someone who obtained Spanish nationality under the additional provision 8 of Law 20/2022 on Democratic Memory and are registered in the Electoral Census of Absent Residents (CERA), the Supreme Court is calling you to trial. Not as an accused, but as a party that can defend its rights.

The Third Chamber of the Supreme Court has issued an order in the administrative contentious appeal 1013/2026, filed by the Iustitia Europa party against an agreement of the Central Electoral Board. That agreement interpreted how the right of option to Spanish nationality applies to descendants of exiles. The appeal questions that interpretation, and the Supreme Court has decided that the children of the naturalized citizens have the right to appear to defend their position.

What does this regulation establish?

The additional provision 8 of Law 20/2022 recognized the right of option to Spanish nationality for descendants of people exiled during the Civil War and Francoism. Many children of those naturalized citizens also obtained Spanish nationality through this route or as a direct consequence of it.

The Iustitia Europa party has appealed to the Supreme Court the Agreement no. 204/2026, of 16 July, of the Central Electoral Board (File no. 209/361), which regulated the instruction on how that right of option applies. In essence, the appeal disputes whether the Central Electoral Board's interpretation was correct.

The order of the Third Chamber, of 10 November 2026, orders two specific things:

• Summon the adult children of those who obtained nationality through this route and are registered in CERA, so they can appear as co-defendants in the process.
• Require consular registries to publish the resolution on their notice boards, given that the affected parties reside mostly outside Spain.

Publication in the BOE on 13 November 2026 activates the calculation of the 20 business days deadline to appear. After that deadline without appearing, the affected parties will lose the opportunity to intervene in the process as a party.

Economic and operational impact

The direct impact is not economic in the strict sense, but it does have consequences for assets and legal status of the first order:

• Risk to nationality: If the Supreme Court upholds the appeal and annuls or reinterprets the Central Electoral Board's agreement, the validity of the children's registrations in the Civil Registry as Spanish citizens could be called into question.
• Cost of legal representation: Appearing requires hiring a lawyer and an attorney. The cost varies depending on the professional and the country of residence, but it is an immediate and necessary expense for anyone who wants to defend their position.
• Rights linked to nationality: Spanish nationality grants rights of residence in the EU, access to benefits, active and passive suffrage rights, and other benefits that would be at risk if the legal situation is altered.
• Massive scope: The regulation may affect thousands of people with dual nationality acquired under the Democratic Memory Law, many of them residing in Latin America.

Who does it affect?

• Adult children of people who obtained Spanish nationality under the additional provision 8 of Law 20/2022 (Democratic Memory Law).
• People registered in the Electoral Census of Absent Residents (CERA).
• Citizens with dual nationality (Spanish + that of their country of residence) acquired through this route.
• Descendants of exiles from the Civil War and Francoism who exercised the right of option recognized in Law 20/2022.
• Spanish consulates and consular registries abroad, obligated to publish the resolution on their notice boards.

Practical example

Imagine that your father, grandson of a Republican exile residing in Argentina, exercised the right of option to Spanish nationality under additional provision 8 of Law 20/2022 and obtained nationality in 2023. As a result, you—an adult also residing in Argentina—were registered in the Spanish Civil Registry and in CERA as a Spanish citizen.

On 13 November 2026, the Supreme Court's order is published in the BOE. From that day, you have 20 business days to hire a lawyer and an attorney in Spain and submit an appearance document in appeal 1013/2026 as a co-defendant. If you do not do so within the deadline, the process will continue without you being able to defend your position. The Spanish Consulate in Buenos Aires is also obligated to publish the resolution on its notice board, which serves as an additional notification channel.

What should affected parties do now?

1. Verify if you are registered in CERA: Check if you appear in the Electoral Census of Absent Residents as a Spanish citizen. You can check this through the Spanish Consulate in your country of residence.
2. Confirm the origin of your nationality: Verify if your Spanish nationality derives from additional provision 8 of Law 20/2022 (Democratic Memory Law). If your father or mother obtained nationality through this route and you are an adult, you are likely affected.
3. Hire a lawyer and attorney in Spain urgently: The 20 business days deadline from 13/11/2026 is non-extendable. Seek specialized legal representation in administrative law or nationality law as soon as possible.
4. Submit an appearance document as a co-defendant: Your legal representation must submit the document to the Third Chamber of the Supreme Court in administrative contentious appeal 1013/2026 within the deadline.
5. Check the Consulate's notice board: Consular registries are obligated to publish the resolution. If you have not received direct notification, visit or contact the Spanish Consulate in your country of residence.
6. Do not wait to receive personal notification: Publication in the BOE and on consular notice boards has notification effects. Failing to act because you have not received a letter or email does not exempt you from the deadline.

Official source

Consult complete regulation in official source (BOE-A-2026-23761)

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-23761