The Government takes to the Constitutional Court the "national priority" of the far-right Vox and the PP in the Valencian Community for discriminating in access to housing

The Government has taken the first step to bring before the Constitutional Court one of the main banners of the far-right Vox, converted into law in the Valencian Community with the support of the Popular Party. The Council of Ministers approved this Tuesday to request the President of the Government, Pedro Sánchez, to file an appeal against 20 precepts of the accompanying law to the Valencian budgets of 2026.

Among them is the so-called "national priority" in access to housing, a formula promoted by the far-right that links the allocation of public resources to rootedness and that, according to the Executive, violates the principle of equality enshrined in the Constitution. The Government considers that it can harm both foreign people and Spaniards due to the linkage requirements set by the Generalitat.

The norm was approved by Les Corts Valencianes with the votes of the PP and Vox. The autonomous government of Juanfran Pérez Llorca agreed to incorporate this demand from the far-right into the budget agreement, despite warnings from the opposition. The Comunitat thus became the first territory to introduce by law the "national priority" defended by Santiago Abascal's party.

The PP opened the door to Vox's "national priority" in housing

The Valencian law relates "national priority" to a "real, lasting and verifiable" rootedness. In terms of housing, it incorporates registration requirements to register as an applicant for protected housing.

Specifically, it sets a minimum of five years for rent and ten for purchase, continuously or interrupted, with the reference included in the norm to registration in municipalities of the Valencian Community and Spain. These requirements affect new registration in the necessary registry to opt for a home from the Generalitat's public housing stock.

The measure raises new barriers for people who live and work in the Comunitat, but have been registered for less time. The Executive maintains that these criteria may clash with article 14 of the Constitution, which establishes equality before the law, and with the mandate to promote real and effective equality.

The European Commission had already warned that provisions of this type can be indirectly discriminatory for citizens of other European Union countries or third states if they are not justified and proportionate. Pérez Llorca then defended his pact with Vox and assured that he did not regret having signed it.

The law also puts the rights of migrant minors and LGTBI people at risk

The appeal covers other changes introduced by the PP and the far-right Vox. One affects migrant minors under the guardianship of the Generalitat. The norm places family reunification in the place of origin, whenever possible, among the priorities of its protection plan. The Executive considers that this provision invades state competencies in immigration matters and affects the guarantees provided for decisions on their permanence or return.

It also questions the modifications related to the equality of LGTBI people in education. According to the Government, the law lowers the obligation to promote equality and non-discrimination in educational centers by converting it into a possibility.

Another point refers to the protection of the life of "the unborn". The Executive warns that the wording approved by Les Corts may open the door to restrictions or obstacles to the exercise of the right to abortion, in addition to invading state competencies over the legal regime of personality.

The challenge also includes provisions that require keeping the face substantially uncovered in spaces such as public transport, health centers, educational facilities, and shows. The Government perceives a possible discriminatory effect and an invasion of state competencies. It will be the Constitutional Court that must rule on the precepts once the appeal is filed.