In a ruling with potential mobility and civil-rights ramifications, Madrid investigating judge Juan Carlos Peinado on 23 July reiterated that Begoña Gómez—spouse of Prime Minister Pedro Sánchez—and presidential adviser Cristina Álvarez must appear in person to retrieve their confiscated passports, even though the Provincial Court ordered their immediate return last week. The passports were seized in April as part of an influence-peddling probe. Lawyers argue that the continued retention infringes Article 19 of Spain’s Constitution (freedom of movement) and could breach EU free-movement rules if the women needed to travel within Schengen. The defence has filed an urgent appeal, insisting that execution of the higher court’s decision lies with the court clerk, not the examining magistrate. While the case is politically charged, it also serves as a reminder that Spanish courts can—and do—impose travel-document restrictions that impact the ability of executives and accompanying family members to leave the country. Mobility advisers should monitor legal proceedings involving key staff and counsel affected employees on alternative ID options (e.g., national ID cards for EU citizens) and emergency-passport procedures at Madrid-Barajas T4. The episode may accelerate calls within the legal community for clearer statutory limits on passport seizures, aligning Spain with recent ECtHR jurisprudence that considers blanket travel bans disproportionate unless the risk of flight is "concrete and individualised". If upheld, the Provincial Court’s ruling could become a reference for future corporate cases where executives face precautionary passport retention.
Source: El Constitucional
