Spain’s top lawyers say migrant regularization is a national matter

Spain’s State Legal Service has formally opposed a request by three Supreme Court judges to ask the European Court of Justice whether the country’s migrant regularization plan violates EU law. In a document submitted Friday, the government’s lawyers argued that granting residency permits is “an exclusively national measure of migration policy.” The dispute began last Tuesday when three conservative judges on the Supreme Court’s fifth administrative section opened the door to a European review. They responded to legal challenges from the regions of Aragon and Valencia, both governed by the conservative Popular Party. The judges suggested that Spain’s regularization process could conflict with a 2024 EU regulation on international protection, as well as with EU asylum laws and the principle of “loyal cooperation” with other member states. The State Legal Service, however, says the judges’ reasoning contains “relevant omissions” and is “insufficiently motivated.” It also argues that it is too early to refer the matter to the European court because “no debate on the substance of the claims has yet begun.” The lawyers describe the proposed referral as “closer to a request for an advisory opinion on general or hypothetical questions.” The regularization process ran from April 16 to June 30. The government’s lawyers note that the 2024 EU regulation did not take effect until June 12 of this year, and the Spanish decree applies to people who were in Spain before January 1, 2026. They say it is “not possible” for the decree to compromise the EU regulation. They also insist that EU law does not prevent Spain from granting residency permits for humanitarian or other reasons under its own national rules. On the issue of not notifying other EU countries in advance, the State Legal Service says the measure is “exclusively national” and has no EU impact. It adds that Spain did inform the European Migration Network, even though it was not required to do so. The lawyers also reject the judges’ claim that the decree could violate the EU’s return directive, pointing to “clear and repeated jurisprudence” from the European Court of Justice. The government’s lawyers also challenge the judges’ description of the process as a “massive regularization” based on a “mere political decision” with “no conditions.” They remind the court that the measure is temporary and requires applicants to prove their stay in Spain. They say the judges’ language “departs from the obligation to provide a precise description of the factual and legal framework.” Regarding fears that more than one million people could move freely within the Schengen area without prior coordination, the State Legal Service notes that this would apply to any regularization—and Spain has carried out eight before. They say the Schengen agreement does not cover such issues, and the decree “does not put at risk the objectives of border control” because applicants must prove they have no criminal record. The State Legal Service also criticizes the Supreme Court for failing to distinguish between applicants, those whose applications have been accepted for processing, and those who have received final approval. It adds that the judges seem to “ignore the serious situation of that group of people.” Meanwhile, the regional governments of Aragon and Valencia have both submitted their own arguments. Aragon confirmed its interest in taking the matter to the European court and asked for the regularization to be suspended until a ruling is made. Valencia also wants an immediate halt, saying the measure was taken “without sufficient coordination” with European bodies. The Spanish government has tried to calm fears among the hundreds of thousands of people awaiting decisions. Of the nearly 1.175 million applications, about 610,000 have already been accepted for processing, meaning those applicants have received temporary residency permits.