The issue of migrant legalization in Spain has once again come under the European spotlight. The government of Pedro SΓ‘nchez’s decision not to notify the European Commission about the upcoming mass legalization decree has raised alarm among European partners. For Spaniards, this signals possible changes in migration policy and new challenges for the country as EU border controls tighten.
According to European Union rules, any measures that may affect migration flows within the bloc must be agreed with Brussels in advance. However, despite this requirement, Spain has not provided official information about the details of the upcoming legalization, which is expected to be finalized at the end of April. This move has caused concern among some member states, who fear an increase in the number of migrants moving across the EU.
EU response
After Spain’s mass legalization in 2005, the EU introduced an early warning mechanism to prevent unilateral decisions impacting the entire continent. Now, countries are required to inform the European Commission and partners about any migration measures that could affect other states’ interests. According to Commissioner for Home Affairs and Migration Magnus Brunner, Spain still has not sent an official notification about the new decree, despite the document already being discussed in the Council of Ministers and the European Parliament.
Brussels reminded Madrid that a national residence permit does not grant the right to freely move between Schengen countries. If a regularized migrant tries to relocate to another EU country or applies for asylum there, they must be sent back to Spain. The European Commission demands that Spanish authorities strictly adhere to these rules and cooperate with other states to prevent violations.
Criticism from European countries
Several European countries, including Germany, Austria, Italy, Poland, Sweden, Portugal, and Hungary, expressed dissatisfaction with Spain’s actions. Representatives from these countries in the European Parliament stated that mass legalization could undermine efforts to strengthen borders and combat illegal migration. In their view, unilateral decisions by Madrid pose security risks and could trigger a new influx of migrants to the EU.
During discussions in Strasbourg, Commissioner Brunner emphasized that without effective return of illegal migrants, EU policy loses credibility. He called on Spain to ensure that the new legalization does not have negative consequences for other countries and does not become a tool for circumventing EU-wide rules.
Domestic political implications
Inside Spain, the government’s decision has also sparked controversy. The opposition accuses SΓ‘nchez’s cabinet of ignoring European obligations and jeopardizing national security. Meanwhile, supporters of legalization believe this measure will help integrate migrants and reduce informal employment. The question of how Spain will comply with EU requirements and monitor the movement of newly regularized migrants remains unresolved.
Against this backdrop, other pressing issues related to public administration remain under discussion in Spain. For example, local authorities in Sevilla recently halted the privatization of school cleaning services in response to complaints from businessesβan episode that drew considerable public attention and is covered in the article on the suspension of school cleaning privatization in Sevilla.
Context and similar cases
In recent years, Spain has repeatedly faced criticism over its migration policy. After the mass legalization in 2005, the European Union tightened requirements for reporting such initiatives. In 2023, similar debates flared up around changes to labor migration laws, as some EU countries voiced concerns about a rise in the number of undocumented workers. In other countries, such as Italy and Greece, attempts at mass legalization also sparked controversy and led to stricter border controls. These events highlight that migration and integration remain among the most challenging issues for European states, and any unilateral actions can trigger a chain reaction across the entire union.
