MEP Isabel Serra Sánchez (The Left) has questioned the European Commission on whether Spain's exclusion of stateless persons from its extraordinary regularisation process constitutes discrimination, particularly affecting the Sahrawi population. The parliamentary question, submitted on 17 April 2026, highlights that the decree, which entered into force on 15 April, excludes individuals seeking statelessness status while including other groups such as asylum seekers. Serra Sánchez notes that 96% of stateless applicants in Spain are Sahrawi.
The question references the 2023 Statelessness Index, which documents severe barriers to healthcare and employment for stateless applicants, leaving them in a vulnerable situation. Serra Sánchez invokes Article 15 of the Universal Declaration of Human Rights (right to a nationality) and Articles 1, 15, and 21 of the EU Charter of Fundamental Rights (human dignity, right to work, non-discrimination).
Concrete asks and policy orientation The MEP poses two specific questions: whether the exclusion could be discriminatory, and whether the barriers to basic rights comply with EU obligations to protect stateless persons. The question does not propose numerical targets or deadlines but seeks a legal assessment from the Commission.
Expected follow-up The Commission is expected to reply within approximately six weeks. Its answer will signal whether it views Spain's policy as compatible with EU fundamental rights law, potentially influencing future regularisation schemes across member states. The question reflects a cleavage between national sovereignty over immigration and EU fundamental rights protections, with direct impact on stateless individuals (especially Sahrawi), Spanish authorities, and EU institutions overseeing compliance.
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