On 4 August 2026, European Commission Vice-President Maroš Šefčovič defended the EU-UK Agreement on Gibraltar against the Spanish Parliament's rejection, insisting that the EU's ratification procedure is legally sound and that the agreement does not affect sovereignty claims. Responding to a parliamentary question from Jorge Buxadé Villalba (PfE), Šefčovič argued that the agreement is the final piece completing the EU-UK post-Brexit legal framework and that its conclusion follows the same procedure used for the EU-UK Trade and Cooperation Agreement.
Šefčovič's answer comes after the Joint Congress-Senate Committee on the European Union of the Spanish Cortes Generales adopted a resolution on 13 April 2026 urging the government to reject the agreement. The Spanish parliament, which under the Constitution must approve international treaties binding on the state, rejected the deal on grounds that it undermines Spain's sovereignty claim over Gibraltar, grants the territory a more favourable regime than it had under EU membership or the Treaty of Utrecht, and fails to equalise taxation between Gibraltar and the Campo de Gibraltar. The parliament also accused the government of breaching the Constitution by not submitting the agreement for prior approval.
Article 217 TFEU gives the EU competence to conclude association agreements, and Article 218 TFEU sets the procedure, requiring the Council to decide by unanimity and obtain the European Parliament's consent. He noted that the same procedure was used for the EU-UK Trade and Cooperation Agreement, which was concluded in 2021. He also stressed that the agreement explicitly states it is without prejudice to the legal positions of Spain and the UK on sovereignty and jurisdiction, and cannot be used as a basis for asserting or denying sovereignty.
The Commission's position effectively prioritises the EU's exclusive competence in concluding international agreements over the national parliamentary approval process, a stance that may clash with Spanish constitutional requirements. The answer contains no concrete proposals or concessions to address the Spanish parliament's concerns, instead reaffirming the existing legal framework. This suggests the Commission intends to proceed with ratification regardless of the Spanish parliament's objections, relying on the Council's unanimity requirement as the key political safeguard.
Stakeholders affected include the Spanish government, which faces domestic constitutional pressure; the UK and Gibraltar, which seek legal certainty; EU institutions, which assert their treaty-making powers; and residents and businesses in Gibraltar and the Campo de Gibraltar, who are impacted by the agreement's provisions on taxation and border arrangements. The Commission's stance may ease concerns about legal fragmentation but could deepen the institutional rift between Brussels and Madrid over sovereignty and democratic oversight.