The Supreme Court doubts the legality of the regularization of migrants and is considering sending the case to Europe

Barcelona / MadridThe Supreme Court expresses doubts about the legality of the extraordinary regularization of migrants. In two rulings released in the last few hours by various media outlets, and to which ARA has had access, the high court questions the compatibility of the decree approved by the Spanish government with European law and gives the parties involved in the process five days to state their position on the suitability of raising a preliminary ruling to the Court of Justice of the European Union (CJEU), based in Luxembourg.

The Supreme Court's writings, dated June 24 and in response to the appeals of the Valencian and Aragonese governments, have become known when there are only a few hours left until the regularization process ends: this coming midnight the deadline to submit applications expires. The latest official figures from a couple of weeks ago indicated that 900,000 applications have been submitted, although journalistic reports increased the figures to 1.2 million cases, more than double what the Spanish government had expected (500,000).

"The regularization regime established [...] raises doubts as to whether it could clash with the rules implementing the EU's Pact on Migration and Asylum," the Supreme Court states in its orders. This is why it is considering the possibility of referring several precepts of the regularization decree to European justice for a ruling.

When a preliminary ruling is requested, the main national proceedings are automatically suspended, although this should not automatically affect the validity of the regularization. It should be remembered, in fact, that the Contentious-Administrative Chamber of the Supreme Court itself rejected last month the precautionary suspension of the decree of the Spanish government, as requested by both Vox and the Community of Madrid, chaired by Isabel Díaz Ayuso.