In short: on 26 June 2026 the Official Journal of the EU published a corrigendum to Directive 2004/38/EC (free movement and residence of EU citizens and their families): Article 35 — which deals with measures against abuse of rights (marriages of convenience, fraud) — changes from mandatory ("shall adopt") to discretionary ("may adopt"). Residence rights themselves are not modified.
In person or by representative? Not applicable — this is a European legislative corrigendum; it does not create a personal procedure.
What Art.35 originally said: Member States «shall adopt the necessary measures to refuse, terminate or withdraw» any right conferred by the Directive in cases of abuse or fraud (including marriages of convenience). The mandatory wording obliged all member states to act.
What the corrigendum changes: the wording shifts to «may adopt» — member states are no longer obliged, but retain the power to take such measures. The substantive framework of free movement and residence rights is unchanged.
Practical relevance in Spain: Spain implements the EU regime via Royal Decree 240/2007. This corrigendum does not amend that decree or the procedures for the EU family member residence card. The effect is at the European interpretative level; Spanish procedures remain the same.
Official source: DOUE-L-2026-80969 (BOE).
Informational only; check the official source and a professional for your specific case.