The State Legal Service stands before the Supreme Court for the regularization of migrants: "It is national competence"

The State Legal Service opposes the Supreme Court referring to the Court of Justice of the European Union the extraordinary regularization of migrants approved by the Government. The Executive's legal services argue that the measure falls within Spain's national competencies and that European law allows for the granting of residence permits for humanitarian or other reasons.

The brief, registered this Friday before the Contentious-Administrative Chamber, responds to the procedure opened by the Supreme Court in the appeals filed by Aragon and the Valencian Community, both governed by the Popular Party. The two regional governments argue that the regularization may clash with the European Pact on Migration and Asylum and ask to take the matter to Luxembourg.

The State Legal Service rejects this path and reproaches the Supreme Court that its doubts are closer to a "consultative opinion on general or hypothetical questions" than to a real need for interpretation of Union law. It also maintains that the CJEU cannot be asked to assess the political expediency of a decision that corresponds to the Spanish State.

The core of the clash with the Supreme Court

The Supreme Court has focused on the provisions of the royal decree that allow for the granting of a temporary residence permit for rootedness to people who had requested international protection before January 1, 2026, even if that request was denied and there is a return or expulsion procedure.

The norm also provides that the granting of this authorization may imply the archiving of these expulsion or return files. For the Chamber, this raises the doubt as to whether the Spanish decree may conflict with European regulations on the return of irregular migrants.

The State Legal Service responds that community legislation leaves room for Member States to grant national residence permits for humanitarian, social, or rootedness reasons. According to the Government's legal services, this possibility does not disappear due to the existence of a prior return decision.

The brief insists that Spain is not creating a European permit or a general circulation route through the community space, but a national authorization linked to its own immigration legislation. The competence, according to the State Legal Service, remains in the hands of the State.

A regularization already closed with more than 1.17 million applications

The judicial clash comes just after the deadline to join the process ended. The Ministry of Inclusion, Social Security and Migration has registered 1,174,978 applications by the close of June 30. More than 600,000 files have already been admitted for processing and around 11,000 people have received a favorable resolution.

The Government has defended regularization as a way to bring people who were already living in Spain out of administrative invisibility, working in essential sectors and unable to contribute in the ordinary way. The Legal Service emphasizes in its brief that full incorporation into the system strengthens Social Security, improves collection and helps prevent situations of labor exploitation.

The measure was born after a popular legislative initiative supported by more than 700,000 signatures and ended up being approved by royal decree. The Executive proposed it as a temporary regularization, with specific requirements and individualized resolution of each file. Among them, prior stay in Spain, absence of criminal records and accreditation of personal or social circumstances.

Aragon and Valencia ask to stop the process

The Government of Aragon reiterated this Friday its request for the Supreme Court to suspend regularization while the possible European route is resolved. The Valencian Community had also argued that the matter should reach the CJEU and that the process should be provisionally paralyzed.

The two regional appeals are based on the idea that regularization could weaken the common European return policy and alter the distribution of responsibilities among member states. The Legal Service denies this and maintains that the Spanish measure does not invade community competences or violate loyal cooperation with the European Union.

The Government's legal services also consider it premature to raise a preliminary question now. They recall that the procedure is still in a phase linked to precautionary measures and that the Supreme Court has not yet entered into the merits of the appeals. In their opinion, there is not enough basis to send the consultation to Luxembourg at this time.

The brief adds another technical reproach. The Legal Service considers that the Supreme Court's order contains "relevant omissions" and insufficient motivation, to the point that a preliminary question raised in those terms could have admission problems before the CJEU.

The Supreme Court must now decide whether to maintain the processing in Spain or send the query to Luxembourg. Meanwhile, Migrations continues to resolve cases and the Government maintains a message of reassurance to people who have already submitted their application.