Is Your Spanish Citizenship at Risk? The Untold Details

Reimel Ariosa, a prominent lawyer, has issued a warning about a potential high-stakes legal maneuver by the Spanish government aimed at solidifying the 2022 ministerial directive that expanded the Grandchildren's Law. However, he cautions that this strategy is fraught with significant risk and could ultimately leave newly nationalized individuals facing even greater uncertainty.

The backdrop to this issue involves a recent decision by the Supreme Court, which rejected the government's appeal and upheld the temporary suspension of voting rights for 163,020 individuals who acquired Spanish citizenship under the Grandchildren's Law. This suspension is specifically tied to the general elections scheduled for November 29, 2026.

Who Faces Greater Uncertainty?

In a conversation with journalist Tania Costa, Ariosa tackled a pressing question for the Cuban community: Who is truly at risk—the individuals already granted citizenship or those still in the process?

Ariosa explained that the government might attempt to escalate the 2022 ministerial instruction to the level of law through a decree-law, which would include an amendment to an Educational Law. This move would be presented to the Permanent Deputation of Congress following the dissolution of the Cortes, at the suggestion of the Sumar Group.

Legal Maneuvering: A Risky Strategy

Ariosa didn't mince words, labeling the potential legal maneuver as a "trap." He emphasized, "Judges have already spoken out against such tactics. It's a legal loophole with short legs because, in reality, it wouldn't be lawful."

To highlight the government’s willingness to resort to such strategies, Costa referred to a recent example involving housing decrees. "Look at what the Spanish government did with housing decrees: after being overwhelmingly rejected in Congress, they brought them back to the Permanent Deputation and passed them with just 35 votes. They couldn't pass them in Congress by majority, yet they succeeded with 35 votes in the Permanent Deputation."

Possible Outcomes and Their Implications

Should the government proceed with this maneuver, Ariosa outlines two potential outcomes. "Either it succeeds because the Constitutional Court approves it, or it fails because the court strikes it down, which would take us back to square one, relying again on the Supreme Court’s ruling."

Regarding the core issue—the legality of the Justice Ministry’s instruction, which extended the eligibility period for descendants of Spanish 'exiles' who emigrated between 1936 and 1955—Ariosa was forthright: "As of now, the Supreme Court has not delved into the substance of the matter. No, it hasn’t, and we don't expect it to before November 29. This is a long-term issue."

This delay is significant because, while the Supreme Court has yet to address the core issue, the suspension of voting rights doesn’t equate to a loss of nationality for anyone, and the processes for granting citizenship continue as usual.

Ariosa pointed out that the greatest risk lies not with those who have already secured citizenship, but with those whose applications are still pending. The administrative or judicial criteria applied could change before their processes are finalized.

By mid-year, the Spanish Consulate General in Havana had amassed over 137,700 pending applications, with estimates suggesting that between 300,000 and 350,000 individuals in Cuba have commenced the process since the Democratic Memory Law took effect in October 2022.

According to Europa Press, the Supreme Court has reiterated its concerns about the legality of the ministerial instruction, yet a resolution on the core issue remains undetermined and could take years.