Spanish MEP Jorge Buxadé Villalba (Patriots for Europe) has asked the European Commission whether Spain's 'Grandchildren's Law' — which grants nationality to descendants of Spanish emigrants — breaches EU law by waiving criminal record checks and lacking a genuine link requirement, potentially undermining the area of freedom, security and justice.
The written question, dated 15 July 2026, cites Article 20 TFEU, Article 4(3) TEU and Article 39(1) of the Charter of Fundamental Rights. Buxadé Villalba alleges that a government directive has altered the legislation and triggered a flood of applications at Spanish consulates, and that Spain has contracted public companies from Cuba to manage the process.
whether mass naturalisation without criminal record checks jeopardises the EU's area of freedom, security and justice; whether granting nationality to foreigners whose parents renounced Spanish nationality and never resided in Spain is compatible with the CJEU's 'genuine link' requirement; and whether contracting Cuban state companies to process applications poses a risk.
The Commission typically has around six weeks to respond. Its answer will signal whether it views Spain's policy as compatible with EU law or as a potential infringement of the principles of sincere cooperation and fundamental rights.