Only hours before the application window closed, Spain’s Supreme Court issued an order questioning whether the extraordinary regularisation complies with European Union directives on residence permits. The high court asked parties to submit briefs within ten days on the possibility of sending a preliminary question to the Court of Justice of the EU (CJEU), focussing on equal-treatment provisions and the directive on single-permit procedures. Legal scholars note that while Member States retain discretion to run amnesties, EU law obliges them to guarantee equivalent labour rights to other third-country nationals and to follow transparent criteria. The Supreme Court’s move follows an appeal filed by a police officers’ union and a conservative think-tank, which argue that the government bypassed Parliament by introducing the measure via executive decree. If the case is eventually referred to Luxembourg, the CJEU could take 18–24 months to rule.
![Spanish Supreme Court Signals Potential EU Challenge to Mass Regularisation]()
For anyone trying to keep pace with these rapid developments, VisaHQ can simplify the process of securing Spanish visas and residence documents. Their dedicated Spain page (https://www.visahq.com/spain/) offers real-time updates, detailed checklists and professional support, ensuring applicants and employers remain compliant even as the regulatory framework shifts.
In the meantime, permits granted under the scheme remain valid, but a finding of incompatibility could force Spain to modify renewal conditions or compensation rules. Companies planning to hire newly regularised workers should therefore include contingency clauses in employment contracts and monitor the litigation calendar closely. Immigration practitioners stress that similar challenges in Italy (2009) and Portugal (2020) were rejected on grounds of Member-State competence. However, the Spanish case will test the boundaries of the EU’s new Pact on Migration and Asylum, which promotes harmonised regularisation criteria across the bloc.
For anyone trying to keep pace with these rapid developments, VisaHQ can simplify the process of securing Spanish visas and residence documents. Their dedicated Spain page (https://www.visahq.com/spain/) offers real-time updates, detailed checklists and professional support, ensuring applicants and employers remain compliant even as the regulatory framework shifts.
In the meantime, permits granted under the scheme remain valid, but a finding of incompatibility could force Spain to modify renewal conditions or compensation rules. Companies planning to hire newly regularised workers should therefore include contingency clauses in employment contracts and monitor the litigation calendar closely. Immigration practitioners stress that similar challenges in Italy (2009) and Portugal (2020) were rejected on grounds of Member-State competence. However, the Spanish case will test the boundaries of the EU’s new Pact on Migration and Asylum, which promotes harmonised regularisation criteria across the bloc.
