The Government asks the Supreme Court to suspend the transfer of migrant minors.
According to the Government, the Royal Decree presents a manifest nullity of full right, since it was approved without the mandatory opinion of the Council of State.
PalmThis Monday, the Government filed its first request with the Third Chamber of the Supreme Court to suspend the effectiveness of Royal Decree 743/2025, of August 26, which establishes the "ordinary capacity" of the system for the protection and guardianship of unaccompanied foreign minors. This measure entails the immediate suspension of transfers of minors to the Balearic Islands, which would result from this regulation.
According to the government, the Royal Decree is manifestly null and void, since it was approved without the mandatory opinion of the Council of State, which is required for regulatory norms that create rights and obligations ex novo. This constitutes a "clear violation of the current legal framework and violates the principle of legality" established by the Constitution, according to Marga Prohens's executive.
Furthermore, the situation of the care system for unaccompanied minors in the Balearic Islands "is extremely critical," with 700 minors being cared for in just 76 regular places, representing an overcrowding of 1,000 percent, the Government has emphasized. As it explains, failure to immediately suspend the transfers would make "the damage irreversible and render any future resolution of the administrative dispute ineffective," since the minors would be transferred "to an already saturated system, degrading the quality of care and violating the right to the best interests of the child," as provided for in both Balearic regulations and international conventions.
"An Overloaded System"
The Balearic executive emphasizes that this request is a very urgent measure that is also based on "urgency and public interest": the transfers could be ordered imminently, and given that The Spanish government has declared the Balearic Islands to be in a state of migration emergency., it is "essential to ensure" that minors are not transferred "to an already overburdened system, preserving the services that guarantee their rights and well-being."
The Government of the Balearic Islands emphasizes that this is the first request for a precautionary suspension and that, if the Supreme Court rejects it, it will submit a new appeal, as previously announced.