Spain's Supreme Court has refused to suspend a royal decree regarding the extraordinary regularization of migrants or refer the case to the European Union's highest court.
The ruling ensures that the legal process for granting residency to undocumented migrants can proceed without judicial interference from regional governments or EU oversight. This decision removes a significant legal hurdle for the central government's immigration strategy.
In a resolution issued June 30 [1], the Third Chamber of the Administrative Court addressed requests from regional governments to halt the process. According to reports, the autonomous communities of Valencia and Aragon sought the suspension of the royal decree [1]. Other reports indicate the Community of Madrid also challenged the measure.
The court focused on the royal decree approved April 14 [1]. The legal challenge sought to move the matter to the Court of Justice of the European Union to determine if the regularization process complied with EU law. However, the Supreme Court found no justification for such a move.
The court said there was no evidence of harm that would justify suspending the decree. "No existe el más mínimo atisbo de perjuicio que justifique la suspensión del real decreto," the court said in its resolution [2].
By denying the request, the court affirmed that the current administrative path for regularization does not present an immediate legal or social risk that necessitates emergency intervention. The ruling effectively validates the timeline and implementation of the April 14 [1] decree, allowing the Spanish government to continue processing applications for those seeking legal status.
“No existe el más mínimo atisbo de perjuicio que justifique la suspensión del real decreto.”
This ruling represents a victory for the Spanish central government over regional administrations that sought to block the regularization process. By determining that there was no 'glimmer of harm' caused by the decree, the Supreme Court has signaled that the regularization of migrants is a matter of national administrative policy that does not violate EU standards or cause irreparable damage to the state.
