Is Spain’s amnesty for migrants in conflict with EU law? Lawyers say ‘Yes’

Brussels Signal has obtained a letter sent by the heavyweight Polish legal think tank Ordo Iuris (Ordo Iuris Institute for Legal Culture) to all European prime ministers, warning of the consequences of Spain’s decision to grant full rights to several hundred thousand migrants.

Ordo Iuris warned that Spain’s measures will have serious consequences for the entire European Union, adding, “We recall that neither the Charter of Fundamental Rights of the European Union nor any other international treaty guarantees anyone a ‘right to immigrate’”.

In the view of Ordo Iuris, the Spanish government’s decision is in clear conflict with European Union law: the principle of sincere cooperation (Article 4(3) TEU), the concept of an area of freedom, security and justice (Article 3(2) TEU), and the standards governing the Union’s immigration policy (Article 79(1) TFEU)”.

The letter, signed by the institute’s president, Jerzy Kwaśniewski, said: “On 27 January 2026, the Spanish Council of Ministers adopted a draft Royal Decree providing for a mass amnesty for irregular migrants who arrived on Spanish territory before 31 December 2025.

“It is estimated that by June 2026, between 500,000 and 700,000 irregular migrants—most of them from Latin American countries—will be granted legal residence. According to the Spanish government, such a far-reaching measure is justified by the rights of migrants, fiscal considerations, and labour shortages in the Spanish market.”

The Spanish government’s description of the amnesty as “extraordinary regularisation” (regularización extraordinaria) raises very serious legal concerns, and the consequences will be felt by all Member States.

“The procedure involves a number of risks that are relevant not only for Spain itself but for the European Union as a whole.

“On the basis of residence permits granted by the Spanish government, hundreds of thousands of migrants will acquire the right to enter any Member State of the European Union (as provided for in Article 21 of the Convention Implementing the Schengen Agreement).

“In theory, their stay in another EU country may not exceed 90 days; in practice, however, in the absence of internal border controls within the Schengen Area, compliance with this limit will be difficult to verify.

“As a result, the challenges assumed by Spain through the acceptance of a large number of irregular migrants may easily become shared challenges for the whole of Europe”, Kwaśniewski wrote.

The organisation points out that Europe is still feeling the effects of previous waves of migration and is not prepared for another; the Spanish move means that it will be impossible to verify the identities of those granted EU citizenship, and will also increase pressure on already overburdened social and healthcare systems; it constitutes a breach of the rules of the common border protection policy.

The institute calls on the prime ministers of European countries “to stand in defence of the security of your nations against uncontrolled mass immigration.  According to Ordo Iuris, action is needed both at EU level and through direct diplomatic efforts vis-à-vis the Spanish government.