The court rules that the urgent approval procedure for Royal Decree 905/2025 was insufficiently justified and that a required public consultation was omitted.
Spain’s Supreme Court has annulled Royal Decree 905/2025 of 7 October, which amended national regulations governing the establishment, recognition and authorisation of universities and university centres. The Administrative Litigation Chamber upheld a legal challenge brought by the Autonomous Community of the Balearic Islands.
The judgment declares the entire decree null and void after identifying procedural irregularities in its adoption. The court found that the decision to use an urgent procedure lacked adequate justification and that the omission of public consultation breached the applicable legislation.
The General State Administration has also been ordered to pay the legal costs of the proceedings.
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Spain’s Supreme Court overturns university decree following Balearic Islands appeal. University requirements challenged by the Balearic Islands
The Balearic Islands’ Regional Ministry of Education and Universities had challenged both the approval process and several provisions contained in the decree.
Among the disputed requirements was a minimum enrolment threshold of more than 4,500 students after six years of university activity. The legislation also required accommodation to be available for 10% of student places.
The regional administration argued that these conditions failed to take sufficient account of the Balearic Islands’ geographical characteristics, particularly insularity and differences in population between territories.
The appeal additionally questioned provisions assigning certain responsibilities to universities that the regional government considered to fall outside their functions.
Procedural deficiencies lead to full annulment
In its decision, the Supreme Court focused on the way the decree had been processed.
The judges concluded that the urgent legislative procedure had not been properly substantiated and that the failure to conduct the required public consultation was contrary to the relevant legal provisions.
As a result, Royal Decree 905/2025 has been annulled in its entirety. The ruling also orders its publication in Spain’s Official State Gazette (BOE), with the General State Administration responsible for the legal costs.