The European Commission will examine a formal complaint from the Catalan political party Junts against the Spanish government's recent extraordinary migrant regularisation, assessing whether the measure complies with European Union law.
The Directorate-General for Migration and Home Affairs will lead the review, according to a statement from Junts on Wednesday 28th October 2026. The party confirmed it had been notified that its submission has been registered as an official complaint and will be studied to determine whether EU regulations were respected.
Junts had initially raised concerns with the European Commission in July 2026, arguing that the royal decree on regularisation bypassed proper EU notification procedures, removed mass expulsion powers, treated asylum as a 'shortcut', and disregarded territorial language policies. The party stressed it does not oppose regularisation in principle but criticises the method, calling the government's approach a temporary fix lacking a long-term integration strategy.
Carles Puigdemont's party stated:
The government will have to account to Brussels
.
The complaint follows a July 2026 decision by Spain's Supreme Court, which declined to provisionally suspend the royal decree at the request of the Valencian Community and Aragon, and chose not to refer the matter to the Court of Justice of the European Union at that stage.
Under EU infringement procedures, the Commission has up to two months to conduct an initial assessment and up to one year to decide whether to request explanations from Spain or close the case. If further time is needed, a written update must be provided.
If the Commission decides to act, it will send a formal letter requesting Spain's position. Should the response be unsatisfactory, a reasoned opinion will follow, setting a deadline for corrective action. Failure to comply could lead to legal proceedings at the Court of Justice of the EU.
Junts clarified that a potential ruling by the Court would declare non-compliance but would not automatically annul the royal decree, leaving it to the Spanish government to amend the measure. The party also noted that national legal appeals remain open, and a Commission request could prompt the Supreme Court to refer the issue to Luxembourg.
What this means for you
The European Commission's review does not suspend ongoing deadlines or legal processes in Spain related to the regularisation. The next steps depend on Brussels' assessment, expected within the coming months. No immediate changes to the status of migrants applying under the royal decree are anticipated while the procedure unfolds.
Sources: Europa Press, BURGUET Isabelle (SG).