Spain’s lower house has approved a bill that would grant Spanish—and therefore EU—citizenship to anyone born in Western Sahara before 29 September 1977, without requiring any period of legal residence in Spain. The measure now moves to the Senate for further debate.
How the law would work
- Eligibility – Persons born in Western Sahara while it was a Spanish province (before 29 Sept 1977) qualify. Estimates of the base population range from about 70 000 to 200 000 when first‑degree descendants are included.
- Naturalisation route – The bill uses carta de naturaleza, Spain’s discretionary naturalisation procedure, citing “exceptional circumstances.”
- Residency – No legal residence in Spain is required; applications are free of charge and must be processed within one year.
- Proof of eligibility – Acceptable documents include a Spanish national identity card (even expired), a UN‑authenticated receipt from the 1975 independence‑referendum census, a birth certificate, or colonial‑administration paperwork. School records, pension statements and medical files are also admissible.
- Descendants – First‑degree children of successful applicants have five years from the parent’s registration to apply; grandchildren are excluded.
- Application window – The law would be in force for three years from its entry into force, extendable by an additional year. It takes effect four months after publication in the Boletín Oficial del Estado (BOE).
- Residency‑based fast track – A separate amendment would reduce the ordinary residence requirement for Sahrawis from ten to two years, placing them in the same fast‑track category as citizens of Ibero‑American countries, Andorra, the Philippines, Equatorial Guinea, Portugal and Sephardic Jews.
Political background
- The bill passed the Congress of Deputies 168‑31, with 145 abstentions.
- Supporters – The junior coalition partner Sumar introduced the initiative; deputy Tesh Sidi (born in the Tindouf refugee camps) championed it as ending a “half‑century of legal limbo.”
- Opposition – The People’s Party (PP) abstained, preferring the two‑year residency route; the far‑right Vox voted against the measure, calling it a giveaway of nationality.
- The vote came shortly after the late‑July mass crossing of more than 70 000 migrants into the Spanish enclave of Ceuta, an incident that strained relations with Morocco and Italy. Morocco has remained officially silent on the bill, denying any link to the Ceuta crisis.
- Critics argue the law could be used to reshape Spain’s electoral roll in favour of the governing left, while supporters frame it as a corrective measure for historic injustices.
EU dimension and concerns
- Every passport issued under the law would be an EU passport, granting the holder the right to live and work throughout the bloc.
- Legal scholars note that EU citizenship rests on a “genuine link” between the citizen and the Member State, as articulated by the European Court of Justice in its 2025 Malta ruling. Expanding naturalisation to groups with limited historical ties could challenge the principle of solidarity among Member States.
- Italy’s government, already critical of Spain over the Ceuta episode, has warned that mass naturalisation of Sahrawis could fuel further irregular migration pressures on EU borders.
Legislative outlook
- The Senate, where the PP holds an absolute majority (141 of 266 seats), can amend or veto the bill. However, the Congress can override a Senate veto with an absolute majority of its own, meaning the upper house can delay but not necessarily block the measure.
- Litigation is likely. On the day of the lower‑house vote, Spain’s Supreme Court temporarily suspended voting rights for some individuals naturalised under the 2022 Democratic Memory Law after a challenge by Vox and the group Iustitia Europa.
- Legal experts consider the chances of enactment “substantial,” though it remains uncertain whether the European Commission will raise objections.
If the Senate approves the text and the procedural steps are completed, tens of thousands of Sahrawis could obtain an EU passport within a few months.
Source article: www.imidaily.com
