Extranjeros
Guides Consultation Contact ES · EN · UK

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

Reviewed against the official source: 04.07.2026

In short: the Fifth Section of the Third Chamber of Spain's Supreme Court has given the parties in a legal challenge 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 challenge was filed by the Comunidad Autónoma de Valencia and Aragón, 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.

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

Official source: poderjudicial.es

Order a guide or ask a question

Tell us which guide you need or your question — we’ll get it and reply on Telegram.

No spam. This is not individual legal advice.

General information, not individual legal advice. Check the official source and consult a professional for your case.

Have a question about your case?

Describe your situation and your questions — we study them and reply in writing. The first look is free.

Leave my questions →

If you prefer, also directly to @spain_asesor on Telegram (the form is better).

📣 News and regulation changes — on the channel: Join the Telegram channel

Get the free guide

Get it on Telegram

Free starter checklist for foreigners in Spain, instantly

or by email

No spam · privacy

Can’t find what you need? Message us on Telegram →