Spain’s Supreme Court has declined, for the time being, to refer the government’s controversial migrant regularisation programme to the Court of Justice of the European Union (CJEU), while also refusing requests to suspend the scheme as legal challenges continue.
The decision, confirmed on Wednesday in a statement issued by the court, means the regularisation process will remain in force while Spain’s highest court examines appeals lodged against the royal decree that introduced the measure.
Approved by the government in April, the programme offers residence and work permits to undocumented migrants who were already living in Spain before 1 January 2026. ALSO READ: Spain to grant legal status to around 500,000 undocumented migrants.
Although initial estimates suggested around 800,000 people would apply, government figures indicate that more than 1.3 million applications were submitted before the deadline. ALSO READ: Deadline day for Spain’s mass migrant regularisation as over one million apply for legal status.
The legal challenges were brought by the regional governments of the Valencian Community and Aragón, which have questioned whether the decree complies with European law. They also sought precautionary measures to suspend the regularisation process until the CJEU could rule on its legality.
The Supreme Court has now rejected both requests, deciding not to seek an immediate preliminary ruling from the European court and allowing the proceedings in Spain to continue without interruption.
The ruling follows developments in late June, when the Supreme Court publicly acknowledged it was considering asking the CJEU for ‘a request for a preliminary ruling on the interpretation of a number of provisions of the royal decree which, where applicable, could conflict with EU law’.
At that stage, the court invited all parties to submit arguments on whether European judges should be asked to clarify several legal issues. Spain’s State legal service opposed referring the matter to Luxembourg, while the Valencian Community and Aragón argued in favour of involving the EU court.
Among the concerns identified by the Supreme Court were whether the decree is compatible with the European Union’s Migration and Asylum Pact, which entered into force on 12 June, as well as the EU Return Directive governing the treatment of undocumented migrants. ALSO READ: Spain stands alone as EU backs tougher deportation rules and overseas return centres.
The judges also questioned whether migrants could be granted temporary residence permits without first being subject to return procedures, except in circumstances specifically allowed under EU legislation.
Another issue raised was whether such a broad regularisation programme could legally be introduced through a royal decree, rather than by legislation passed through Parliament, and whether this approach complies with European law.
The court further highlighted possible implications for the Schengen Borders Code. It noted that migrants granted one-year temporary residence permits would acquire the right to travel freely within the Schengen Area for up to 90 days in any 180-day period, raising questions over whether such rights could be granted without prior coordination with other EU member states.
Despite those earlier concerns, the judges concluded that a referral to the CJEU was not appropriate at this stage of the proceedings.
In its ruling, the court stated that ‘with regard to the request for a preliminary ruling before the Court of Justice of the European Union, the Chamber considers that, having regard to the arguments put forward by the parties, and given that it has been decided not to suspend the proceedings in the present case, it is not appropriate to refer the matter at this stage of the proceedings’.
The wording leaves open the possibility that the issue could still be referred to the European court later, indicating that the decision does not represent the final stage of the legal dispute.
The latest ruling is not the first unsuccessful attempt to halt the regularisation programme. At the end of May, the Supreme Court rejected a separate request from the region of Madrid to suspend the scheme after finding there was no evidence that the migrant amnesty would overwhelm the region’s public services.
For now, the Supreme Court will continue examining the appeals within Spain’s legal system, without seeking guidance from Europe’s highest court.
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⚖️ El Tribunal Supremo acuerda no plantear en este momento procesal cuestión prejudicial al TJUE sobre el Real Decreto de regularización de extranjeros
— Poder Judicial (@PoderJudicialEs) July 8, 2026
📄 Nota informativa: https://t.co/YE3TQSevGV
El Tribunal Supremo rechaza llevar a la Justicia Europea la regularización extraordinaria de migrantes en España
— Informativos Telecinco (@informativost5) July 8, 2026
Informa @Adrianaperezweb pic.twitter.com/CgaYOqnECV
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