Date of publication:
09/25/2026
Spain
Do domestic laws and policies provide for efficient asylum procedures on appeal?
Assessment by population
Analysis
Regulation (EU) 2024/1348 establishing a common procedure for international protection in the EU and repealing Directive 2013/32EU (the Procedures Regulation), governs the appeals framework against decisions on international protection as part of the EU Pact on Migration and Asylum, and is directly applicable since June 12 2026. The Regulation provides for efficient appeals procedures based on its Recital 1 to "streamline, simplify and harmonize the procedural arrangements of the Member States". Articles 67 to 69 of the Procedures Regulation lay down the details of the appeals framework and provide for efficiency measures without prejudice to the right to an effective remedy.
In addition, the law governing the general administrative and contentious administrative procedures includes efficiency among their guiding principles (Law 39/2015, Articles 129(1) and 129(6) Law 40/2015, Article 3(1)(j); Law 29/1998, Preamble, Section VI).
One of the main innovations regarding the Spanish administrative law in recent years has been the introduction of the right of individuals, regardless of their nationality, to interact through electronic means with the authorities within the administrative procedures in which they are involved (Law 39/2015, Article 14(1)). Similarly, citizens and legal professionals have the right to engage with the justice system electronically (Royal Decree-Law 6/2023, Article 6(1).
Prior to the implementation of the EU Pact on Migration and Asylum on 12 June 2026, some NGOs have expressed their concerns about the excessive length of asylum appeals, that reaches an average of almost 2 years until a ruling is issued by the competent court.1 Pre -Pact asylum and subsidiary protection appeals are examined at first instance by judges of the Administrative Chamber of the National Court of Spain, who also adjudicate thousands of cases in other fields such as consumer protection, competition and energy regulation (Law 29/1998, Article 11). Spain is currently aligning its appeals system to the EU Pact after 12 June 2026. It is expected that under this new framework and limited timeframes the appeals system for asylum claims will gain efficiency.
- 1
Accem, AIDA Country Report on Spain – 2024 Update (2025), p. 61.
Related provisions of domestic law or policy
Law 39/2015 of Common Administrative Procedure of Public Authorities
- Year: 2015
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.boe.es/buscar/act.php?id=BOE-A-2015-10565
Legal provision
Law 39/2015 of Common Administrative Procedure of Public Authorities - Generic
Law 39/2015 of Common Administrative Procedure of Public Authorities - Generic
Law 40/2015 on the Legal Regime of the Public Sector
- Year: 2015
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.boe.es/eli/es/l/2015/10/01/40/con
Legal provision
Law 40/2015 on the Legal Regime of the Public Sector - Generic
Law 40/2015 on the Legal Regime of the Public Sector - Generic
Law 29/1998, as amended over time, on the Administrative-Contentious Jurisdiction
- Year: 1998
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.boe.es/buscar/act.php?id=BOE-A-1998-16718
Legal provision
Law 29/1998, as amended over time, on the Administrative-Contentious Jurisdiction - Generic
Law 29/1998, as amended over time, on the Administrative-Contentious Jurisdiction - Generic
Royal Decree-Law 6/2023 approving urgent measures for the implementation of the Recovery, Transformation, and Resilience Plan in the areas of public justice services, public administration, local government, and patronage
- Year: 2023
- Type: Domestic law
- Rights Category: Asylum
- Link to external source: https://www.boe.es/eli/es/rdl/2023/12/19/6/con
Legal provision
Royal Decree-Law 6/2023 approving urgent measures for the implementation of the Recovery, Transformation, and Resilience Plan in the areas of public justice services, public administration, local government, and patronage - Generic
Royal Decree-Law 6/2023 approving urgent measures for the implementation of the Recovery, Transformation, and Resilience Plan in the areas of public justice services, public administration, local government, and patronage - Generic