The European Commission has warned that certain residency requirements to access aid and public services may constitute indirect discrimination contrary to community law when they disproportionately harm citizens from other countries. The warning comes in response to a parliamentary question from the Compromís MEP Vicent Marzà about the "national priority" policies promoted by PP and Vox.
The European Commissioner for Home Affairs and Migration, Magnus Brunner, has reminded that European regulations recognize the principle of equal treatment for nationals of third countries who have long-term resident status. He also pointed out that seemingly neutral requirements, such as proving a certain length of residence, can be discriminatory due to their effects on certain groups.
Brussels' response is particularly relevant in the Valencian Community, where a law approved in July 2026 establishes a requirement of ten years of historical registration to register as a demand for protected housing for purchase. Compromís has requested the European Commission to expressly examine the compatibility of this provision with community legislation.
Ten years of registration to access protected housing
Law 5/2026, approved in July by the Valencian Generalitat, includes in its article 45 the regulatory development of measures linked to the so-called "national priority" in public housing and social services.
Among its provisions is the requirement to prove at least ten years of historical registration, continuous or interrupted, under the terms established by the regulation, to access registration as a demand for protected housing intended for purchase.
The requirement has sparked criticism from Compromís, which believes it may conflict with the European framework for the protection of long-term residents.
Directive 2003/109/EC establishes a period of five years of legal and uninterrupted residence to acquire, in general, the status of long-term resident. Its article 11 recognizes that those who have that status have the right to receive equal treatment to nationals in various matters, including certain social benefits and access to goods and services.
However, the five years provided in the directive to acquire the status of long-term resident do not in themselves constitute a general limit applicable to any requirement of seniority in the registry. The possible incompatibility of the Valencian requirement must be analyzed considering its purpose, its effects, and the obligations of equal treatment that may apply.
Brussels warns of the risk of indirect discrimination
The response from Brunner, dated September 10, answers an initial question posed by Marzà regarding the measures of "national priority" raised in Aragón. In it, the commissioner recalls the jurisprudence of the Court of Justice of the European Union, which prohibits both direct discrimination by nationality and indirect discrimination arising from seemingly neutral criteria.
According to the response, a residency requirement may be discriminatory if it places citizens of other Member States or third countries at a disadvantage, unless it is objectively justified and proportionate.
The Commission has also indicated that it will continue to monitor the evolution of these initiatives to ensure compliance with European law. However, it has not yet specifically commented on the legality of the ten-year requirement approved in the Comunitat Valenciana, which is the subject of a new question from Marzà.
Compromís demands a review of the Valencian regulation
After learning of the community response, the MEP from Compromís has registered a new parliamentary initiative for Brussels to examine Article 45 of Law 5/2026.
Marzà asks whether the ten-year registration requirement violates Article 11 of Directive 2003/109/EC, whether the Commission will assess its possible discriminatory effects, and what measures it could take regarding a provision that has already been approved.
"Equal treatment is not optional and rights cannot become bargaining chips to fuel a discriminatory discourse," stated the MEP, who accuses PP and Vox of using the difficulties of access to housing as an argument to introduce differences between applicants.
For his part, the spokesperson for Compromís in Les Corts, Joan Baldoví, has announced that he will incorporate the European response into the complaint filed with the Ombudsman against the Valencian law. The PSPV has also called for the withdrawal of the questioned provisions.
The PP defends the ties and Vox denies that the measure is illegal
The Valencian PP has rejected the criticisms and defended the criteria of ties as a mechanism that various local administrations already use to allocate public resources.
Its representative Nando Pastor has attributed the European warnings to a possible "misunderstanding" and has pointed out that municipalities governed by the PSOE have also established registration requirements to access certain benefits or housing.
The president of the Valencian Generalitat, Juanfran Pérez Llorca has also supported the policy agreed with Vox, considering that it responds to criteria of connection with the territory. Vox, for its part, maintains that the provision complies with the law.