The Government prepares the official balance of the regularization, which exceeds one million applications, while it already notifies the first resolutions

The Government's objective is clear: to resolve the largest possible number of cases in a timely manner before the Supreme Court can delve into the merits of the matter. The high court is studying the possibility of raising a preliminary question before the Court of Justice of the European Union (CJEU) on certain aspects of the procedure.

The extraordinary regularization process, approved by the Government last April, has been marked from the outset by the usual political division on migratory matters. The left has supported the measure, while the right —which has historically also promoted extraordinary regularization processes— has opposed it.

With the deadline for submitting applications now closed, it will be this Thursday when Elma Saiz makes public the definitive data of a historical procedure whose technicians are still finishing cross-referencing. Meanwhile, according to confirmations from the Ministry, "definitive resolutions are already being issued and provisional ones are being notified".

The figures that have emerged indicate that more than a million applications have been received. Just two weeks ago, around 360,000 files had received approval, a figure that did not reach 40% of the total registered requests. The balance that the Ministry presents tomorrow will allow us to know the real scope of the process and the resolution rate of the files.

Beyond the figures, the Executive insists on one idea: this process does not incorporate new population from abroad, but rather regularizes the administrative situation of people who already live in Spain. In other words, it is about making a reality that already exists legal.

The Supreme Court studies and the Government asks for "calm"

From the Ministry, a message of "calm" is conveyed to applicants. They defend that the norm "has been drafted strictly ensuring its compatibility with community law".

The message responds to the Supreme Court's move, which has opened the door to raising a preliminary question before the Court of Justice of the European Union to determine whether some aspects of the royal decree could conflict with Union Law. This is reflected in two orders issued during the processing of appeals filed by the autonomous communities of Valencia and Aragon against certain precepts of the norm.

The department led by Elma Saiz also recalls that the Supreme Court itself already rejected last May the precautionary measures requested to paralyze the procedure, so the process has continued to develop normally.

Now, the high court has transferred to the parties —the appealing autonomous communities and the Ministry, in coordination with the State Attorney's Office— so that, within a period of five days, they express their opinion on the advisability of raising to the CJEU “an interpretative preliminary question in relation to a series of aspects of the royal decree that in their case could conflict with EU law”. The deadline for the Ministry to present its allegations concludes this Friday. Subsequently, it will be the Supreme Court that decides whether to finally elevate the consultation to European justice.

According to the experts consulted, should the procedure reach Luxembourg, the preliminary question would serve to clarify the interpretation of Community law before the Supreme Court resolves the merits of the case. Precisely for this reason, the Ministry considers that “time plays in our favor”.

Resolve as soon as possible

Government sources explain that they are trying to “expedite the processing as much as possible” so that, before any eventual decision by the Supreme Court, the largest possible number of applicants have already received the provisional authorization that allows them to reside and work in Spain.

The same sources specify that, even in the hypothetical case that the procedure were suspended, that decision would not affect people who had already obtained said provisional notification.

Regarding the volume of applications, the Executive acknowledges that the initial forecasts fell short. As they explain, the Ministry worked with three scenarios: 500,000 applications —the figure handled during the processing of the Popular Legislative Initiative—, 750,000 or one million. Finally, they admit, “reality has exceeded the most conservative forecasts”.