06.07.2026, Madrid.
The lawsuits filed by Valencia and Aragon with the Supreme Court of Spain, demanding that the royal decree on the mass legalization of migrants be declared invalid, are dictated not by compliance with European norms, but by political motives aimed at weakening the government of Pedro Sánchez and seizing the initiative from the more radical far-right party Vox, Rossa Primavera News Agency‘s Europe Desk notes.
These two autonomous communities are currently controlled by the People’s Party (PP), which is in opposition to the government of Pedro Sánchez and the ruling Spanish Socialist Workers’ Party (PSOE). Later, the Supreme Court of Spain accepted for consideration a similar lawsuit from Castile and León as well. This shows that resistance to the reform from regions governed by the opposition is becoming systemic.
The royal decree on the new legalization procedure came into force on April 14, 2026. According to Spanish media, by the time the application period closed, over 1.2 million applications had been recorded, more than doubling the government’s forecast of 500,000 people.
According to the plaintiffs, the mass legalization of migrants contradicts EU norms, including the new Pact on Migration and Asylum, the Return Regulation, and the Schengen rules. It is particularly emphasized that a Spanish residence permit grants the right to 90 days of free movement within the Schengen area, which affects the interests of the entire European Union.
The government of Aragon, in its lawsuit, puts forward two key demands before the Supreme Court. First and foremost, the autonomous community insists that the Supreme Court officially refer the matter to the European instance to verify the compliance of the Spanish reform with the new EU Pact on Migration and Asylum and other norms.
Second, it demands the immediate suspension of the processing of applications until the EU Court issues its ruling. Moreover, the lawsuit contains a demand for the complete annulment of already issued positive decisions if the European court finds the reform illegal.
In May, the Supreme Court had already rejected the request to suspend the reform, but now the judges are examining in detail possible conflicts with European law and for the first time have officially allowed the possibility of an appeal to the Court of Justice of the European Union and the temporary suspension of certain provisions. No final decision has been made, and if a request is sent to Luxembourg, the review could drag on for several months.
If the court applies interim measures and stops processing the 1.2 million applications pending the EU’s decision, Spain will face administrative and social collapse. Thousands of migrants who have already submitted documents and begun the integration process (renting housing, labor contracts) will suddenly find themselves in limbo. This will provoke massive lawsuits against the state for damages and a loss of trust in the legal system.
A prolonged wait for legalization will push people into illegal employment. Instead of paying taxes (which the government had counted on), the country will see a rise in exploitation and the criminalization of certain areas. Furthermore, domestic political risks for Spain will increase. Since the lawsuits were filed by opposition-run autonomous communities, the court, by examining them, legitimizes the regions’ resistance to Madrid’s policies. This will exacerbate the country’s territorial fragmentation. The suspension of legalization will be perceived as a political defeat for the Sánchez government and will strengthen right-wing forces, which will use it as proof of the central government’s “lack of will.”
The Spanish government, through the State Legal Service, has opposed the referral to the EU Court and categorically opposes the suspension of the reform, emphasizing that granting residence permits for humanitarian reasons is the exclusive right of an EU member state, not a sphere of EU regulation. Furthermore, the government insists that in the event of a hypothetical negative ruling by the EU Court, it would be impossible to annul already issued permits – this would create colossal legal uncertainty for hundreds of thousands of people who have already obtained legal status.
For European right-wing parties, including the PP, migration is the main battlefield for the electorate. For the PP leadership, political victory over Sánchez is more important than the fate of specific illegal migrants. The People’s Party is deathly afraid of losing votes to the even more radical Vox party, which has long demanded border closures. If the PP had remained silent and allowed the Sánchez government to carry out the reform quietly, it would have been perceived by its voters as “weakness” and “collusion with the left.” The lawsuit to the Supreme Court is the only way for the PP to preserve its reputation and prevent Vox from poaching its electorate.
At present, the Supreme Court has given the parties time to present their positions. Its decision on whether to send a request to Luxembourg is expected around after July 7. If a request is sent, the process could drag on for months. At the same time, according to the government and many experts, the legalization procedure itself will most likely not be suspended, as the Supreme Court has already rejected similar petitions in May.
Source: Rossa Primavera News Agency
