The protection of safety and health in the home care service sector

Commentary on Supreme Court Ruling, Administrative Chamber, 1198/2025, of September 29

Abstract

The analyzed judgment declares the nullity of the first final provision of Royal Decree 893/2024 of September 10, which regulates the protection of safety and health in the field of domestic service. The ruling bases its decision on the insufficiency of the Regulatory Impact Assessment Report (RIAR), as the economic impact resulting from the obligation to carry out in-person visits to the homes of users of home assistance services was not adequately justified. This decision strengthens the requirement for transparency and economic rationality in the regulatory process and reinforces the role of judicial review as a safeguard mechanism in the exercise of regulatory authority.