MADRID, Spain — The Spanish Supreme Court is considering referring the Sánchez administration’s extraordinary migrant regularization program to the European Court of Justice to determine if the legislation violates European Union law. The potential judicial challenge centers on the measure’s consistency with the Schengen free movement zone, the 2008 Return Directive, and the newly enacted Return Regulation that took effect on June 12.
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The controversial executive measure, which could potentially grant residency and work permits to between 900,000 and 1.65 million individuals currently in an irregular situation, has drawn intense scrutiny from the highest court in Spain. The Supreme Court issued two writs in response to legal appeals from the regional governments of Aragon and the Valencian Community, highlighting significant collisions with European legislation. The primary concern focuses on the unilateral nature of the measure and its generalized application, which contradicts the mandate for prior coordination with other EU member states under the New Pact on Migration and Asylum.
European law requires that decisions regarding irregular migrants be assessed on an individualized basis using objective criteria, rather than through a blanket regulatory framework. The Supreme Court questions the legality of bypassing standard return orders in favor of a generalized temporary residence right granted merely for being in an irregular situation in Spain. Furthermore, the situation raises complex issues regarding the Schengen area. While a national temporary residence permit technically grants the holder the right to circulate freely within the Schengen zone for up to 90 days within a 180-day period, European officials have clarified that such national permits do not authorize individuals to live or work in other member states.
The lack of coordination with EU partners stands in direct contrast to the New Pact on Migration and Asylum, which emphasizes shared responsibility. European Commissioner for Migration Magnus Brunner has previously warned the European Parliament that national regularization measures cannot serve as a “blank cheque” that distorts the bloc’s migration framework. Additionally, the new return regulations stipulate that while asylum seekers have the right to remain in the member state where they lodge their application pending a decision, this stay does not constitute a residence permit nor does it permit movement across other EU countries, creating further potential conflicts with the Spanish framework.
EL SUPREMO PLANTA CARA A LA REGULARIZACIÓN MASIVA LLEVANDO EL DECRETO DE SÁNCHEZ AL TJUE
— Fernando FG-R 🇪🇸🖤🗝 (@FernandoFGR1) July 1, 2026
Aragón y Comunidad Valenciana recurrieron el Decreto del Gobierno y el Supremo los ha admitido a trámite, y ahora propone plantear al Tribunal de Justicia de la UE (TJUE) una cuestión… pic.twitter.com/pucAAkpPYt
The European Commission has officially declined to comment on the matter, with spokesperson Markus Lammert stating that the institution does not discuss ongoing legal situations. However, sources from the European Parliament have indicated that the mass regularization, as currently structured, represents a breach of loyalty toward other member states and disregards common rules, potentially jeopardizing the security of the entire community bloc.
In response, the Spanish government has staunchly defended the legislation, arguing that the granted permits are strictly valid only within Spanish territory. The executive is currently working with the State Attorney’s Office to address the Supreme Court’s concerns by the upcoming Friday deadline, maintaining that the regularization framework was drafted in strict compliance with European community law.
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As the legal and political debate intensifies, the outcome of the Supreme Court’s deliberations could have profound implications for Spain’s immigration policy and its relationship with European institutions.
