The Spanish government has set in motion the drafting of a new university decree in response to a ruling by the Tribunal Supremo of 8 October 2026. The Ministry of Science, Innovation and Universities opened on 15 October 2026 a public consultation, which, according to official sources and consistent media reports, runs until 30 October 2026 . The aim is to revise the requirements for establishing, recognising and authorising universities and university institutions.
The Tribunal Supremo had annulled Real Decreto 905/2025 on procedural grounds. The main objection was that the government had not adequately explained its justification for using an urgent procedure. According to the grounds of the rulings, the decision concerned the form of the procedure; the substantive quality criteria in the annulled decree were not central to the annulment. Other pending proceedings were subsequently declared moot because the decree was no longer in force.
With the consultation now under way, the ministry is gathering views from the Autonomous Communities, universities, associations and the public. According to ministry sources cited by several media outlets, the government intends to retain the substantive aims: tougher requirements for research capacity, minimum quotas for staff holding doctorates, and mandatory minimum shares of budgets allocated to research. However, binding legal effects will arise only from a fully drafted text; none is available yet, and it may change before being submitted in Consejo de Ministros change.
Politically, the initiative comes at a tense time ahead of the parliamentary elections. Supporters of stricter criteria see it as a means of safeguarding the quality of the higher education system. Critics, by contrast, warn that it could restrict autonomy and create obstacles, particularly for private providers. The key legal question will be whether the new draft avoids the procedural shortcomings identified by the Tribunal Supremo, in particular by providing a sound justification for the procedure chosen and clearly documenting the need for the regulation.
Until the consultation period ends, the scope and level of detail of the future Real Decreto remain open. Only the official draft will show which substantive requirements are to be binding and what timetable the government intends to follow for its adoption.
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).