Spain’s Migrant Regularization: EU Says It’s Legal, Stays Silent on Supreme Court Challenge

The European Commission has refused to comment on Spain’s Supreme Court decision to ask whether a migrant regularization plan violates EU law. A spokesperson said Tuesday the case is “still in Spanish courts. No further comment.” In January, the EU’s Migration Commissioner, Magnus Brunner, stated that regularization is a “competence of the member states.” He said Spain has the right to decide how to handle migrants already in the country. The Spanish government, led by Socialist Prime Minister Pedro Sánchez, approved the extraordinary regularization. The Supreme Court is now considering whether to ask the European Court of Justice (ECJ) for a ruling on the matter. Several EU leaders, including those from Belgium, Denmark, Hungary, and Germany, have criticized Spain. They fear the measure could encourage migrants to move within the EU’s border-free Schengen zone. Italy’s Prime Minister Giorgia Meloni was also initially named, but both Spanish and Italian officials denied any dispute. Brunner previously warned that a national residence permit does not allow free movement across the EU. He said such permits only let people live and work in the issuing country. If a person with a Spanish permit is found irregularly in another EU state, they must return to Spain. However, a recent ECJ ruling challenged that view. In early June, the court said having a residence permit in one EU country does not prevent someone from getting one in another. It also ruled that family unity must be considered when granting permits, and that people should not be expelled without considering these factors. The conservative Popular Party (PP) and far-right Vox party in Spain have tried to block the regularization. They took the issue to EU institutions, but the Commission has repeatedly said it is a national matter.