The Spanish Supreme Court has completely annulled the royal decree transferring powers and services related to the homologation and equivalence declaration of foreign university titles to the Basque Country.

This decision follows a prior ruling in July 2024, which established a temporary suspension of the transfer while appeals were reviewed.

The current ruling was issued by the fourth section of the Administrative Litigation Chamber of the Supreme Court.

In its reasoning, the Supreme Court cited a ruling from the Constitutional Court, which has established that "the administrative activity of verifying the conditions for issuing professional titles associated with university education must be an exclusive competency of the state." In addition, the Court stipulated that the responsibility for verifying foreign university title homologation should also lie with the state, as it requires thorough assessment of the underlying education.

The Basque Government has criticized this ruling, claiming it undermines a bilateral political agreement essential for the development of the region's self-governance.

Officials from Lehendakaritza, the office of the Basque Presidency, described the ruling as a clear intrusion into political affairs.

The regional executive is considering appealing the decision to the Constitutional Court, expressing disappointment over the significant political implications of this competency and its impact on the region's professional needs, including healthcare professionals such as doctors and nurses.

In these two rulings, the Supreme Court accepted appeals presented by the Madrid Interprofessional Union and the General Council of Physiotherapists of Spain against the royal decree.

Additionally, there are five more appeals pending judgment from other professional organizations.

The Court examined whether the decree constituted an expansion of educational functions and services or an unconstitutional transfer of competencies outside the statutory framework.

It referenced Constitutional Court doctrine regarding the professions of lawyer and procurator, which states that the issuance of titles is a state responsibility, encompassing not just regulatory aspects but also executive elements such as verifying the education level required to obtain them.

The Supreme Court concluded that if the state's jurisdiction applies to these professions, there is no rationale for treating the homologation of foreign university titles differently.

Therefore, it stated, "the competency, even if executive, belongs to the state," and transfers of such functions to autonomous communities are not permissible.

The Basque Government, led by Imanol Pradales, has argued that this responsibility is outlined in the Statute of Gernika and has been legally assumed by Basque institutions.

The administration sought this competency to streamline processes, particularly addressing the shortage of doctors in primary healthcare.

The Court noted that this does not conflict with Article 16 of the Statute of Gernika, which grants Euskadi the power over education in its entirety, as this article expressly excludes competencies pertaining to the homologation of titles, which is constitutionally assigned to the state.

The Supreme Court also acknowledged that while some autonomous communities may validate non-university titles, as outlined in the statutes of Catalonia and Andalusia, as well as royal decrees expanding responsibilities in Galicia and Basque Country, these arrangements are not equivalent to the annulled royal decree, which pertains specifically to university titles.