PP and Vox unblocked last week the investiture of the 'popular' candidate in Extremadura, María Guardiola, with an agreement that outlines a roadmap under the principle of "national priority". It is the seventh point of the document that both formations signed to restrict public aid, subsidies, and benefits "to those who maintain a real, lasting, and verifiable connection with the territory".
Furthermore, its application will also extend to the "system of access to protected housing and social rent". Its ambiguity raises doubts about the real scope of its application, and the explanations offered by PP and Vox do not clear up doubts due to the difference in interpretations. The 'popular' ones emphasize the concept of "roots", without mentioning nationality, as well as respect for the law, as explained this Tuesday on RNE by its deputy general secretary of Finance, Juan Bravo.
However, the Madrid president, Isabel Díaz Ayuso, questioned this key point of the agreement, going so far as to state that, in her opinion, "it is not legal". To this, the Vox spokesperson in Congress responded veiledly this Tuesday: "We find it a lack of respect that there are regional leaders of the PP who dedicate themselves to boycotting a party colleague for reaching an agreement that was what the Extremadurans were demanding at the polls", warning of "consequences" if they do not comply.
Santiago Abascal was clear last week when he said that in Extremadura "there will be priority for Spaniards in access to social aid and housing", thus bringing the issue of nationality to the table.
While it is true that the document is closer to what was nuanced by the PP, the exchange of arguments casts doubt on its legal consideration, even more so if we take into account that Spanish legislation curbs Vox's expectations in case they really address this issue in terms of nationality.
"National priority", not by default, according to Spanish law
It is advisable to start from the top. Article 14 of the Spanish Constitution (CE) enshrines the right to equality before the law and prohibits discrimination on grounds of birth, race, sex, religion, opinion, or any other social circumstance, so the power to prioritize the granting of aid based on nationality is ruled out at this point.
On the next step, we encounter Organic Law 4/2000, the Foreigners Law that regulates the rights and freedoms of foreign persons in Spain, as well as their social integration, which Vox and PP have integrated into their agreement in the terms set out below: "The modification of Organic Law 4/2000 and any regulatory provisions that hinder the effective achievement of the foregoing will be urged", with "the foregoing" being all those matters relating to that principle of "national priority".
The rule incorporates rights such as, for example, access to many public services under conditions comparable to Spaniards in matters of education, health, and social services. Differences in treatment regarding aid or access to housing could only be considered due to administrative situations (regular/irregular) or other requirements that have nothing to do with prioritizing those born in Spain.
The figure of "roots" at the heart of the agreement
Now then, the aforementioned law incorporates the figure of "arraigo", a legal mechanism to which PP and Vox allude in their agreement. In reality, this formula is mainly provided for foreigners who are in an irregular situation to be able to regularize their administrative situation and obtain a residence permit under exceptional circumstances.
Thus, there are several types planned: social, labor, family, for training or second chance, the latter incorporated in 2025. In short, they serve broadly to promote the legal stability and inclusion of foreign persons.
At this point, what was agreed by PP and Vox could indeed be covered by legislation. An administration can grant aid based on criteria such as length of residence in a municipality, registration, the individual's regularity, or their social and economic integration.
A scholarship or grant may require "continuous prior registration" or housing assistance may demand "minimum residence of 2 or 5 years in the community", as they correspond to the regional competence area.
However, it must be stressed that roots cannot be used in terms of "national priority", although it can translate into legal access criteria if formulated correctly or if the Foreigners Law is modified, as provided for in the agreement in case it cannot be applied.
Political reactions
The PP spokesperson in Extremadura, José Ángel Sánchez Juliá, defended on Monday that the principle of "national priority" in which the pact is "inspired" seeks to reinforce "roots" in the community, "always" within the current legal framework.
Asked about the fit with state regulations, he said that the agreement "is always subject to current legality" and recalled that "other administrations" already use the criterion of roots in different policies without "anyone" having said "absolutely anything".
However, the socialist spokesperson, Piedad Álvarez, interpreted that same principle in the opposite direction. She maintained on Monday that the agreement conflicts with current legislation, especially regarding immigration, and calls it "xenophobic", considering that it introduces discriminatory treatment towards the immigrant population in access to public services.
For her part, the spokesperson for Unidas por Extremadura, Irene de Miguel, went further by assuring that Guardiola has given in to an agreement she described as "unconstitutional and profoundly racist and classist".
Vox has taken the issue to the national level so that this Wednesday it will be voted on in the Plenary Session of Congress in a motion of urgent interpellation to demand that the Government apply national priority throughout Spain. This Wednesday, Guardiola delivered his investiture speech before the Extremaduran Assembly in an intervention without a time limit in which he did not allude to this term.