EU Commission warns Spain's 'national priority' housing rules may breach EU law
The European Commission says laws giving nationals priority for public benefits and housing could be indirectly discriminatory. Commissioner Magnus Brunner's reply to a Compromís MEP is dated 10 September and was reported on Monday, 12 October, while Valencia and Castilla y León keep their residence requirements.
What the Commission said
The European Commission warns that laws including a 'national priority' in access to public benefits or housing could breach EU law. In a parliamentary answer signed by Commissioner for Internal Affairs and Migration Magnus Brunner (EPP), such a provision is indirectly discriminatory if it intrinsically affects nationals of other member states or third-country nationals, unless it is justified and proportionate. The answer responds to a question from Compromís MEP Vicent Marzà, who asked whether such measures are compatible with EU equality principles and whether the EU would act against measures that may constitute indirect discrimination or disproportionate restrictions. Marzà registered the question in May, after PP and Vox agreed similar measures in Aragon. Brunner's reply is dated 10 September. SER previewed it on Monday, 12 October, and Europa Press consulted it.
Brunner noted that Directive 2003/109/EC guarantees long-term EU residents equal treatment with host-state nationals in areas including social security, social assistance and procedures for accessing housing. Citing the EU Court of Justice, he said member states cannot unilaterally impose a residence requirement longer than the five-year period set in that directive. The Commission does not rule on legislative drafts, and the Aragonese law behind Marzà's question had not yet been approved when it replied. It said it will follow developments to ensure compliance with EU law.
Valencia and Castilla y León
In the Valencian Community, the 'national priority' demanded by Vox became law in July, when the regional government passed its 2026 budget with Vox votes. LaVanguardia reports that the accompanying budget law, approved at the end of July, requires a minimum of ten years of continuous or interrupted registration in a Valencian or Spanish municipality for new applicants to buy protected housing. Regional housing department sources, cited by EL MUNDO, say no 'excluding' requirement was written into the rules and that municipalities can now ask to add a residence requirement. Compromís has put a further question to the Commission on that legislation, and it remains unanswered.
- Compromís MEP Vicent Marzà registers his question after PP and Vox deals in Aragon
- Valencian 2026 budget and accompanying law passed with Vox votes
- Commissioner Brunner's answer to Marzà is dated
- SER previews the Commission answer on Monday
- Pérez Llorca and Mañueco comment on the Commission warning
In Castilla y León, Alfonso Fernández Mañueco presented the 2027 budget draft on Tuesday, 13 October, and said of the national priority: "We are going to keep it." According to eldiario.es, the PP and Vox pact requires ten years of registration to buy protected housing, five years to rent, and five years for under-30s seeking help with driving licence costs. Vox's Carlos Pollán, vice president of the regional government, said the budget does not detail how the criterion will apply, but guaranteed it will apply next year.
There is no specific section in which national priority appears.
Reactions
Valencian president Juanfran Pérez Llorca, speaking in Alicante on Tuesday, 13 October, called the debate sterile and said he has no regrets about the budget pact with Vox. He compared the measure to municipal ordinances that give priority to residents registered longest, and said he sees no problem with it. Asked whether he would lower the residence requirement, he said he reaffirmed the pact.
At times they want to generate a debate that, sincerely, seems sterile to me.
Compromís has reacted sharply. Joan Baldoví, its síndic, demanded the withdrawal of the affected articles and said he would add the European answer to a complaint filed with the Ombudsman. He argued that Brussels has made clear the national priority breaks EU law. Marzà, interviewed on Al Rojo Vivo, said:
Judicial avenues must be opened to make those who approved a measure based solely on hatred correct it.
Vox denies that the measure is unconstitutional.
