The Government of the Balearic Islands has filed, before the Supreme Court’s Third Chamber, its first “medida cautelarísima” request to immediately suspend the effect of Royal Decree 743/2025 (August 26), which sets the “ordinary capacity” of the protection and guardianship system for foreign unaccompanied minors. The request aims to prevent the transfers to the Balearics that would follow from that regulation.
According to the regional government, the Royal Decree suffers from a clear manifest nullity, as it was passed without the mandatory advisory opinion of the Council of State—a requirement for regulatory rules that establish new rights or obligations. They argue this constitutes a breach of the principle of legality enshrined in the Spanish Constitution.
TDB keeps you informed. Follow us on: Facebook, Twitter and Instagram
The Balearic Government files an urgent request with the Supreme Court to block transfers of unaccompanied minors
They also emphasise that the reception system for unaccompanied minors in the Balearics is under extreme strain: around 700 minors are currently housed in just 76 ordinary slots, constituting an overload of nearly 1,000 %. Failing to halt transfers immediately, they warn, would inflict irreversible harm and render any subsequent ruling ineffective—minors would be transferred into a system already overwhelmed, harming service quality, violating their right to the best interest of the child, and breaching regional and international standards.
The Government bases its request also on notions of urgency and public interest: transfers could be ordered imminently, and since the Spanish central government has declared the Balearics in a state of migratory emergency, it’s essential to ensure minors are not sent into an already saturated system, preserving the capacity of social, educational, and health services to continue providing care for those already admitted.
The Balearic Government notes that this is their first application for a provisional suspension and states that if the Supreme Court denies it, they will submit further claims in subsequent phases of the proceeding.