Spain top court rejects EU referral on migrant amnesty

Spain’s Supreme Court has decided against referring the government’s migrant amnesty to the Court of Justice of the European Union (CJEU). The court also refused to suspend the royal decree that enacted the policy, according to sources who confirmed the decision to state broadcaster RTVE on Wednesday.

The amnesty, approved in April, offers residence and work permits to undocumented migrants who were living in Spain before January 1st, 2026. Initial government estimates projected around 800,000 applicants, but official figures now show that more than 1.3 million people applied before the deadline.

The prospect of a European referral emerged in late June when the Supreme Court indicated it might ask the CJEU to rule on whether the decree conflicted with EU migration law. This followed legal challenges from the regional governments of the Valencian Community and Aragón, which targeted specific aspects of the regularisation.

In its Wednesday ruling, the court clarified that the decision not to involve the CJEU is not final. Judges stated that given the arguments presented by the parties and their decision to keep the domestic proceedings active, "it is not appropriate to refer the matter at this stage of the proceedings."

This leaves the door open for a future referral as the domestic case advances. For European policymakers, the court’s reluctance to immediately involve the CJEU keeps the focus on domestic implementation rather than setting a continent-wide legal precedent.

The amnesty's survival provides immediate clarity for Spanish businesses that have historically relied on informal labour. With over 1.3 million applicants, the policy will reshape parts of the national workforce, particularly in sectors like agriculture, construction, and hospitality.

Companies now face the administrative burden of converting off-the-books employees into contracted workers. While this introduces short-term compliance costs, it ultimately formalises a massive segment of the economy. Investors monitoring Spain's labour market will note that the final applicant figure surpassed government forecasts by more than 60 percent.

This is not the first time the measure has survived legal scrutiny. In late May, the same court rejected a request from the Community of Madrid to suspend the regularisation, ruling that Madrid had not provided evidence that its public services would be overwhelmed.