Foreign Affairs

The Supreme Court (TS) has annulled part of the Foreign Affairs Regulation that required individuals to carry out certain procedures only electronically . Specifically, it nullifies art.197.2 of the Foreign Affairs Regulation (RD 1155/2024), because it imposed as the only channel the electronic one for requests and actions in foreign affairs procedures, without providing a real alternative for those who cannot or do not know how to use digital means.

The main idea of the ruling is simple, the Administration can promote and facilitate telematics , but making it the only entry point requires a strong and specific justification, and this was not provided. The TS considers that there is a lack of sufficient legal authorization and, above all, a clear motivation explaining why it is reasonable to require "all" affected individuals to communicate only electronically, as if everyone had the same means, knowledge, and internet access.

Furthermore, the TS focuses on proportionality , it is not enough to say that digital is more agile or efficient to completely eliminate other channels. If the in-person channel (or other forms of submission) is closed, the measure may result disproportionate because the harm for those with digital difficulties can be very high.

It also warns of a relevant risk, the electronic exclusivity can generate an indirect discrimination , since the "digital divide" affects certain profiles more (due to lack of resources, skills, or access), and that can translate into unequal treatment in access to administrative procedures.

In practice, the consequence is that a natural person should not be forced to process exclusively online their immigration procedures due to that annulled regulatory provision, and the TS leaves the door open to future electronic obligations , but only if they are well justified and respect equality and proportionality.

Consult our professionals in immigration matters, irregular situation, etc., for procedures and actions that may arise from such situations.