The Council of Ministers has approved, at first reading, two preliminary draft laws proposed by the Ministry of the Interior to align Spanish legislation with the European Pact on Migration and Asylum (PEMA). The initiatives include a new Asylum Law and a partial reform of the Immigration Law.
The PEMA establishes a new common framework for managing international protection across EU Member States. Its ten legislative instruments were formally adopted in May 2024 and have applied since 12 June 2026.
A new Asylum Law
Rather than partially amending the current Law 12/2009, the Ministry of the Interior has opted to introduce a new law governing international protection.
The main proposed changes include stronger safeguards for applicants and greater consideration of situations of vulnerability, more detailed provisions for the protection of minors, and the introduction of a new accelerated procedure to be completed within three months.
The preliminary draft law also incorporates the border procedure established under EU legislation and updates various aspects relating to the application process, reception conditions and the protection of beneficiaries.
Partial reform of the Immigration Law
At the same time, the Government is proposing a partial reform of the Immigration Law to bring it into line with the PEMA in areas affecting fundamental rights, introducing new provisions or where the current wording is incompatible with the Pact. These changes do not affect the immigration system as a whole.
The proposed changes include the introduction of a screening process for foreign nationals crossing the EU’s external borders without meeting the entry requirements, as well as the border return procedure established under the PEMA for those who enter the country irregularly and are not entitled to international protection.
What happens next?
Both texts are still at the preliminary draft stage. Following their approval at first reading by the Council of Ministers, the Ministry of the Interior will seek input and reports from the relevant ministries, institutions and public bodies.
Once this process has been completed and any relevant observations have been incorporated, the texts will return to the Council of Ministers for approval as draft laws before being submitted to the Spanish Parliament for parliamentary consideration and final approval.
Source: Ministerio del Interior. Interior promueve la reforma de las leyes de protección internacional para adecuarlas al Pacto Europeo sobre Migración y Asilo.
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