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Spain's Supreme Court weighed asking the EU Court about Royal Decree 316/2026 on regularisation

Spain's Supreme Court weighed asking the EU Court about Royal Decree 316/2026 on regularisation
Detalle de la fachada del Tribunal Supremo, Madrid. Foto: Zarateman / Wikimedia Commons, CC0 (recortada).

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Update, 8 July 2026: Spain's Supreme Court decided not to refer, at this procedural stage, the preliminary question to the EU Court of Justice (CJEU), and refused to suspend Royal Decree 316/2026 on regularisation, which remains in force. Details in the card on the 8 July decision. Below is the original card on the earlier step.

In short: the Fifth Section of the Third Chamber of Spain's Supreme Court has given the parties in two legal challenges against Royal Decree 316/2026 (foreigner regularisation) a joint, non-extendable 5-day deadline to state whether the Court should refer a preliminary question to the EU Court of Justice (CJEU), before ruling on requested interim measures. This is an intermediate procedural step: the Supreme Court has not yet ruled on the merits.

The two challenges were filed by the Comunidad Autónoma de Valencia and Aragón, one each, questioning aspects of Royal Decree 316/2026, of 14 April, which amended Royal Decree 1155/2024 and opened two extraordinary regularisation routes with an application deadline of 30 June 2026 (see full card: rd-316-2026-reforma-reglamento-extranjeria).

What does this mean in practice, today? Nothing changes yet. The Royal Decree remains in force; it has not been suspended or annulled. A possible referral to the CJEU can take months (sometimes over a year) to be resolved, and only then — if the CJEU or the Supreme Court itself finds some aspect contrary to EU law — could the rule be affected. Meanwhile, applications already filed under RD 316/2026 continue their ordinary processing.

If you already work in Spain after the regularisation, the 2026 Renta, with your income for that year, is filed in 2027: what to check, in tax return after regularisation in Spain.

Informational only; check the official source and a professional for your specific case.

Frequently asked questions

Did Spain's Supreme Court end up asking the EU Court of Justice, or annul Royal Decree 316/2026 on regularisation?

Neither. After giving the parties 5 days to comment, on 8 July 2026 the Supreme Court decided not to refer, at this procedural stage, the preliminary question to the CJEU, and refused to suspend the decree. Royal Decree 316/2026 remains in force; the Valencia and Aragón challenges are still awaiting a ruling on the merits.

Does this news mean that regularisation applications already filed under RD 316/2026 are no longer valid?

No. This is an intermediate procedural step by the Supreme Court, not a ruling on the merits or an annulment of the decree. Until there is a final decision, the rule remains in force and applications already filed continue their ordinary processing.

Who has challenged Royal Decree 316/2026 in court?

According to the Supreme Court's note, the regional governments (Comunidades Autónomas) of Valencia and Aragón have each filed their own challenge, questioning aspects of the decree. Other challenges against the decree have also been filed at the Supreme Court, such as appeals 98/2026 and 100/2026.

Official source: poderjudicial.es

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