Law On The Rights And Freedoms Of Foreigners In Spain?
- Víctormanuel Paz
JOHN CARLOS I KING OF SPAIN To all who present it and understand it. Sabed: That the General Courts have approved and I come to sanction the following Organic Law. PRELIMINARY TITLE General provisions Article 1. Scope delimitation. It is considered foreign, for the purposes of the application of this Law, to those who lack the Spanish nationality.
- Nationals of the Member States of the European Union and those to whom the Community scheme applies shall be governed by the laws of the European Union, with the application of this Law in those aspects which may be more favourable;
Article 2. Exclusion from the scope of the law. Excluded from the scope of this law: (a) Diplomatic agents and consular officers accredited in Spain, as well as other members of permanent or special diplomatic missions and consular offices and their family members who, by virtue of the rules of international law, are exempt from the obligations relating to their registration as foreigners and to the obtaining of the residence permit.
- (b) Representatives and delegates, as well as other members and their family members, of permanent missions or delegations to intergovernmental bodies based in Spain or international conferences, which shall be celebrate in Spain;
(c) Officials in international or intergovernmental organizations based in Spain, as well as their family members, to whom the Treaties in which Spain is a party exempt from the obligations mentioned in the paragraph (a) of this Article. TITLE I Rights and freedoms of foreigners CHAPTER I Rights and freedoms of foreigners Article 3.
Equality with the Spanish and interpretation of the rules. Foreigners will enjoy in Spain, on an equal footing with the Spanish, the rights and freedoms recognized in Title I of the Constitution and in its laws of development, in the terms established in this Organic Law.
The rules on the fundamental rights of foreigners shall be interpreted in accordance with the Universal Declaration of Human Rights and with the Treaties and International Agreements on the same matters in force in Spain, without the profession of religious beliefs or ideological or cultural beliefs of a different sign may be invoked to justify the conduct of acts or conduct contrary to them.
Article 4. Right to the documentation. Foreigners who are in Spanish territory have the right and the obligation to keep the documentation certifying their identity, issued by the competent authorities of the country of origin or from the country of origin, as well as situation in Spain.
They may not be deprived of their documentation, except in the cases and with the requirements laid down in this Law and in Organic Law 1/1992, of 21 February, on the Protection of Citizen Security. Article 5. Right to freedom of movement. Foreigners who are in Spain in accordance with the provisions of Title II of this Law will have the right to move freely through the Spanish territory and to choose their residence without any restrictions other than those established in general.
treaties and laws, or those agreed by the judicial authority, with a precautionary nature or in a criminal or extradition process in which the alien has the status of an accused, victim or witness, or as a result of a firm sentence.
However, specific limiting measures may be laid down when agreed in the declaration of a state of emergency or place in the terms provided for in the Constitution, and exceptionally individually by the Minister of the Interior for public safety reasons.
Article 6. Public participation. Resident aliens may be the holders of the political right to vote in municipal elections in terms of laws and treaties. Foreign residents, registered in a municipality, who cannot participate in the local elections, will be able to elect their own representatives in a democratic way, in order to take part in the debates and decisions (a) the municipal authorities concerned, as determined by local legislation.
The municipalities shall establish and keep up to date the register of foreigners residing in the municipality. The public authorities will promote the exercise of the right to vote for foreigners in the electoral processes of the country of origin. To this end, the necessary measures shall be taken.
Article 7. Freedom of assembly and demonstration. Foreigners who are in Spain may exercise, without the need for prior administrative authorization and in accordance with the provisions of the rules governing them, the right of assembly referred to in Article 21 of the Constitution.
The promoters of meetings or demonstrations in public transit places shall give prior notice to the competent authority as provided for in the Organic Law governing the Law of Réunion, which may not prohibit or propose their change but for the reasons provided for in that Law.
- Article 8;
- Freedom of association;
- All foreigners in Spain will be able to exercise the right of association according to the laws that regulate it for the Spanish;
- Only residents may be promoters;
- Article 9;
- Right to education;
All foreigners under the age of eighteen have the right to education under the same conditions as the Spanish, which includes access to a basic, free and compulsory education, to obtain academic qualifications. and access to the public system of grants and grants.
Foreigners will have the right to education of a non-compulsory nature under the same conditions as the Spanish. In particular, they will have the right to access levels of early childhood education and higher education and to obtain the qualifications that correspond to each case, and access to the public system of grants and grants.
Resident aliens may access the performance of activities of a teaching or scientific research in accordance with the provisions in force. They may also create and direct centres in accordance with the provisions in force. Article 10. Right to work and social security.
Foreigners shall have the right to engage in gainful employment, as well as access to the Social Security System, as provided for in this Organic Law and in the provisions that develop it. Foreigners will be able to access the service of public administrations as labor personnel, in accordance with the constitutional principles of equality, merit, capacity and publicity.
For this purpose, they may be submitted to public tenders for employment which are to be referred to by public administrations. Article 11. Freedom of syndication and strike. Foreign workers who are in Spain will have the right to freely sindicate themselves, or to join a professional organization under the same conditions as the Spanish workers, according to the laws that regulate it.
Likewise, foreign workers are recognized as the right to strike. Article 12. Right to healthcare. Foreigners who are registered in Spain on the register of the municipality in which they habitually reside, are entitled to health care under the same conditions as the Spanish.
Foreigners who are in Spain are entitled to emergency public health care in the face of the contraction of serious illnesses or accidents, whatever their cause, and to the continuity of such care until the situation of high medical. Foreigners under the age of eighteen who are in Spain are entitled to health care under the same conditions as Spaniards.
Pregnant foreigners who are in Spain will be entitled to health care during pregnancy, childbirth and postpartum. Article 13. Right to housing aid. Foreign residents and those in Spain who are registered in the register of the municipality in which they habitually reside, have the right to access the public housing aid system under the same conditions.
that the Spanish. Article 14. Right to Social Security and social services. Resident foreigners will have the right to access Social Security benefits and services under the same conditions as Spaniards. Resident foreigners will be entitled to services and social benefits, both general and basic, as well as the specific ones, under the same conditions as Spaniards.
Foreigners, whatever their administrative situation, are entitled to basic social services and benefits. Article 15. Holding the foreigners to the same taxes as the Spaniards. Without prejudice to the provisions of the applicable agreements on international double taxation, foreigners shall be subject to the same taxes as those obtained in Spain and to the activities carried out therein.
Foreigners will have the right to transfer their income and savings earned in Spain to their country, or to any other, in accordance with the procedures laid down in Spanish law and in accordance with applicable international agreements. The Government shall take the necessary measures to facilitate such transfers.
CHAPTER II Family Regrouping Article 16. Right to family privacy. Resident foreigners have the right to family life and family privacy in the manner provided for in this Organic Law and in accordance with the provisions of the international treaties signed by Spain.
The relatives of foreigners residing in Spain who are referred to in the following article are entitled to the situation of residence in Spain in order to regroup with the resident. The spouse who has acquired the residence in Spain for family reasons and family members with the group, will retain the residence even if the marriage bond that gave rise to the acquisition is broken.
- Article 17;
- Regrouping relatives;
- Resident foreigner has the right to be granted residence permit in Spain to regroup with him to the following relatives: (a) The spouse of the resident, provided that he is not separately in fact or in law or that the marriage has been held in law fraud;
In no case can more than one spouse be regrouped, even if the personal law of the foreigner admits this marriage. A resident alien who is separated from his or her spouse and married in second or later marriage may only regroup with him to the new spouse and their family members if he/she is credited with the separation of their previous marriages after a a legal procedure which establishes the situation of the former spouse and his/her family members in relation to the common housing, the pension to the spouse and the food for the dependent children.
(b) The children of the resident and of the spouse, including those adopted, provided that they are under eighteen years of age or are incapacitated, in accordance with the Spanish Law or their Personal Law and are not married.
When it comes to the children of only one of the spouses, it will also be required that the latter exercise alone the parental authority or be granted custody and are effectively in charge. In the case of adopted children, it must be established that the decision to adopt the adoption brings together the necessary elements to produce effect in Spain.
c) Children under eighteen years of age or unable when the foreign resident is their legal representative. (d) The ascendants of the foreign resident when they are economically dependent on them and there are reasons to justify the need to authorize their residence in Spain.
(e) Any other relative to whom the need to authorize their residence in Spain is justified on humanitarian grounds. f) The foreign relatives of the Spaniards, who do not apply the rules on entry and stay in Spain of nationals of the European Union Member States.
CHAPTER III Legal Guarantees Article 18. Right to effective judicial protection. Foreigners are entitled to effective judicial protection. The administrative procedures laid down in respect of foreign nationals shall in any event respect the guarantees provided for in the general legislation on administrative procedures, in particular as regards the advertising of the rules, contradiction, hearing of the person concerned and reasons for the decisions.
In these procedures, representative organisations legally constituted in Spain for the protection of immigrants will be entitled to intervene as an interested person. Article 19. Right to appeal against administrative acts. The acts and administrative decisions adopted in relation to foreigners shall be subject to the provisions of the laws.
The system of enforceability of administrative acts in the field of foreign nationals shall be that provided for in general by the law, except as provided for in the procedure for the expulsion of urgency to be governed by the provisions of this Law.
Organic. Article 20. Right to free legal assistance. Foreigners are entitled to legal assistance in administrative or judicial proceedings which may lead to the refusal of their entry or their expulsion or compulsory departure from the Spanish territory and in all proceedings in the asylum matters.
In addition, they will be entitled to interpreter assistance if they do not understand or speak the official language used. Resident foreigners and those in Spain who are registered in the register of the municipality in which they are habitually resident, who prove insufficient economic resources for litigating shall be entitled to free legal aid in the same conditions as the Spanish in the processes in which they are a party, whatever the jurisdiction in which they are followed.
CHAPTER IV Anti-discriminatory measures Article 21. Discriminatory acts. For the purposes of this Law, it represents discrimination any act which, directly or indirectly, leads to a distinction, exclusion, restriction or preference against a foreigner based on race, colour, ancestry or national or ethnic origin, religious convictions and practices, and which has as an end or effect the destruction or limitation of the recognition or exercise of human rights and fundamental freedoms in the political, economic, social or political fields, on an equal footing cultural.
In any case, they constitute acts of discrimination: (a) Those made by the public authority or official or personnel responsible for a public service, who in the performance of their duties, by act or omission, carry out any discriminatory act prohibited by law against a a foreign citizen only because of his or her status as such or for belonging to a particular race, religion, ethnicity or nationality.
(b) All those who impose more burdensome conditions than on Spaniards, or who involve resistance to providing goods or services offered to the public to a foreigner, only because of their status as such or because they belong to a particular country race, religion, ethnicity or nationality.
- (c) All those who unlawfully impose more burdensome conditions than on Spaniards or restrict or restrict access to work, housing, education, vocational training and social services, and socio-assistance, as well as any other right recognized in the present Organic Law, abroad that is regularly found in Spain, only because of its condition of such or belonging to a certain race, religion, ethnicity or nationality;
(d) All those who prevent, through actions or omissions, the exercise of an economic activity legitimately undertaken by a foreign resident legally resident in Spain, only because of their status as such or by belonging to a determined race, religion, ethnicity or nationality.
(e) the employer, with his representatives, who carry out any action which has a detrimental effect, by discriminating, even indirectly, to workers on the grounds of their status as foreigners, or their membership of a particular race, religion, ethnicity or nationality.
Indirect discrimination means any treatment arising from the adoption of criteria which unjustifiably prejudice workers because of their status as foreigners or because they belong to a particular race, religion, ethnicity or nationality, provided that they relate to non-essential requirements for the development of work activity.
- Article 22;
- Applicability of the summary procedure;
- The judicial protection against any discriminatory practice that would violate fundamental rights and freedoms may be required by the procedure provided for in Article 53;
2 of the Constitution in the legally established. TITLE II Legal regime of foreign situations CHAPTER I From the entry and exit of the Spanish territory Article 23. Requirements for entry into Spanish territory. A foreigner intending to enter Spain must do so for the posts entitled to the effect, being provided with the passport or travel document attesting to his identity, which is considered valid for that purpose under international conventions.
- signed by Spain and prove sufficient means of living for the time it intends to stay in Spain;
- Except in cases where the contrary is established in the international conventions signed by Spain, a visa will also be required;
A visa shall not be required when the foreign national is the holder of a residence permit in Spain or a similar document allowing him to enter Spanish territory. The provisions of the preceding paragraphs shall not apply to foreigners applying for the right of asylum at the time of their entry into Spain, the grant of which shall be governed by the provisions of their specific rules.
Foreign nationals who do not fulfil the conditions laid down in the preceding paragraphs may be authorised to enter Spain where there are exceptional reasons of a humanitarian nature, public interest or a commitment to undertakings acquired by the Spain.
In such cases, the documentation to be provided shall be delivered abroad, which is established in a regulated manner. Article 24. Prohibition of entry into Spain. They will not be allowed to enter Spain, or obtain a visa for this purpose, the foreigners who have been expelled, while the entry ban lasts, as well as those who are prohibited from entering any country with which Spain has signed an agreement in such a sense.
Foreign nationals who do not comply with the conditions laid down for entry shall be denied them by means of a reasoned decision, with information on the resources they may bring against them, the time to do so and the authority to whom they must formalize it, and its right to legal assistance.
Article 25. Issuing of the visa. The visa shall be issued by the diplomatic missions and consular posts of Spain and exceptionally, for humanitarian reasons, in collaboration with the Justice or Health Care, may be exempted by the Ministry of the Interior from the obligation of obtain a visa for foreigners who are in Spanish territory and who meet the requirements for obtaining a residence permit.
Where the exemption is requested as a resident’s spouse, the circumstances of Article 17 must be brought together and the co-existence at least for one year must be established and the spouse must be entitled to reside at least another year.
The granting of the visa shall be regulated. The concession will take into account the satisfaction of Spain’s national interests, as well as the international commitments made by Spain. The reasons for the refusal of the visa will be laid down. The personal appearance of the applicant may be required in the proceedings.
The refusal shall be express and reasoned and indicate the resources to be made. Exceptionally and on a temporary basis, the Government may provide for nationals of a given country, or from a geographical area, where the refusal is not to be motivated.
In the case of residence visas requested by persons who invoke a subjective right to reside in Spain recognised by the legal order, the refusal must, in any event, be motivated. The processing on the granting or refusal of permits and visas regulated in this Law shall have a maximum period of resolution of three months from the date of application or, where appropriate, the date of the provision of the required documentation.
Article 26. From the departure of Spain. The exits of the Spanish territory may be carried out freely, except in the cases provided for in the Penal Code and in this Law. Exceptionally, the Minister of the Interior may prohibit the departure of the Spanish territory for reasons of national security or public health.
The instruction and resolution of the prohibition files shall always be of an individual nature. The output will be mandatory in the following assumptions: (a) Expulsion of Spanish territory by court order, in the cases provided for in the Criminal Code.
b) Expulsion or return agreed upon by administrative resolution in the cases provided for in this Law. (c) Administrative refusal of applications made abroad to continue to remain on Spanish territory, unless the application has been made under Article 29.
CHAPTER II Foreign situations Article 27. Enumeration of situations. Foreigners will be able to meet in Spain in situations of stay, temporary residence and permanent residence. Article 28. Situation of stay. Stay is the stay in Spanish territory for a period of not more than ninety days.
After that time, in order to remain in Spain, it will be necessary to obtain an extension of stay or a residence permit. The extension of stay shall not be longer than another ninety days. Article 29. Temporary residence status.
Temporary residence is the situation which allows to remain in Spain for a period of more than 90 days and less than five years. Authorisations for a duration of less than five years may be extended at the request of the person concerned if there are similar circumstances to which they have been granted.
The duration of the authorisations of temporary residence and their carry-overs shall be established in a regulated manner. The situation of temporary residence shall be granted to the foreigner who accredits sufficient means of life to attend to the living expenses and subsistence of his family, during the period of time for which he requests it without the need of carry out gainful activity, propose to carry out an economic activity on its own account having requested for it the corresponding licenses or permits, have a contract offer of work through procedure regulentarily recognised or is a beneficiary of the right to family reunification.
You may also be able to access the situation of temporary residence abroad that accredits an uninterrupted stay of two years in Spanish territory, is registered in a municipality at the time you make the request and you have the means economic to attend to their subsistence.
- In order to authorize the temporary residence of a foreigner, he must have a criminal record in Spain or in his previous countries of residence for crimes existing in the Spanish law and not appear as being rejected in the space the territorial scope of the Schengen Agreement;
He will not be an obstacle to obtaining or renewing the residence having committed a crime in Spain if he has served the sentence, has been pardoned or is in a situation of conditional remission of the sentence. Foreigners with temporary residence permits shall be obliged to bring to the attention of the Ministry of the Interior the changes of nationality and domicile.
- Article 30;
- Permanent residence;
- Permanent residence is the situation that authorizes to reside in Spain indefinitely and to work on a level playing field that the Spanish;
- Those who have had temporary residence for five years shall be entitled to permanent residence;
On a regulatory basis and exceptionally, the criteria will be laid down so that the deadline for special links with Spain is not due. Article 31. Residence of stateless persons and refugees. Foreigners who do not have personal documentation, and credit that the country of their nationality does not recognize the same, may be documented with an identity card, recognize them and apply the Status of Patron, according to the Article 27 of the Convention on the Status of Patroids, enjoying the specific regime to be determined by regulation.
- Displaced foreigners who are welcomed in Spain for humanitarian reasons or as a result of an international agreement or commitment, as well as those who have recognised the status of refugee, shall obtain the appropriate authorisation to residence;
Article 32. Residence of minors. The residence of minors who are tutored by a public administration shall be deemed to be regulated for all purposes. At the request of the body exercising the protection, a residence permit shall be granted, the effects of which shall be rolled back to the time when the child has been made available to the competent services for the protection of minors.
In the cases where the Corps and the Security Forces locate an undocumented person, in respect of which they cannot be established with accuracy if they are older or younger, they will be brought to the attention of the Child Courts for the identification of the identity, age and verification of personal and family circumstances.
Given the age and other data referred to above, if it is a minor, the competent authority shall decide on the return or not to its place of origin or on the status of its stay in Spain. CHAPTER III From the work permit and special regimes Article 33. Authorization for the realization of gainful activities.
Foreigners over the age of 16 who wish to pursue any gainful employment or professional activity in Spain must obtain an administrative authorization to work or work permits. Where the alien intends to work for his or her own account or is employed, exercising a profession for which a special qualification is required, the granting of the permit shall be conditional upon the holding and, where appropriate, type-approval of the corresponding title.
It will also be conditional upon the collegial, if the laws so require. Employers who hire a foreign worker must apply for and obtain prior authorization from the Ministry of Labour and Social Affairs. The absence of the corresponding authorisation for contracts by the employer, without prejudice to the responsibilities to which it takes place, shall not invalidate the employment contract with respect to the rights of the foreign worker.
Article 34. Administrative authority to work. In order to carry out economic activities on a self-employed basis, as a merchant, industrial, farmer, or artisan, you will have to prove that you have applied for the corresponding administrative authorization and to comply with all the requirements that the existing legislation requires of nationals for the opening and functioning of the projected activity.
Article 35. The permit to work. The work permit is the authorization to carry out gainful activities in Spain. For the initial grant of the work permit, in the case of employed persons, the national employment situation shall be taken into account. The work permit shall be less than five years and may be limited to a given territory, sector or activity.
The work permit may be renewed at its expiry if the contract or offer of work which led to its initial concession persists or is renewed, or where a new contract is entered into the terms to be established.
From the first concession, the permits shall be granted without limitation of geographical scope, sector or activity. Five years after the granting of the first permit to work and the corresponding extensions, the permit shall be made permanent. Article 36.
Special permissions. Foreign nationals who obtain residence permits shall be entitled to the work permit in accordance with the procedure laid down in Article 29. It will last for one year and will be renewed for as long as the same circumstances follow.
They shall also be automatically renewed without the concurrence of the requirements set out in Article 35. 4 of the work permits and the administrative authorisations to work, in which one of the following conditions is met: (a) Where a contributory unemployment benefit has been granted by the competent authority in accordance with the rules of social security for the duration of the benefit.
(b) Where the alien is a beneficiary of a public health care delivery intended to achieve his or her social or employment insertion or reintegration within the period of time of the provision of such assistance.
Article 37. The contingent of foreign workers. The government, after hearing the Higher Council for Immigration Policy and the most representative trade union and business organizations, will establish annually a contingent of labor in which the number and number will be fixed.
the characteristics of the job vacancies offered to foreign non-resident workers in Spain, with an indication of the professional sectors and activities. Article 38. Exceptions to the quota. The job offers that employers can make to foreign workers are independent of the global contingent to be established.
It is not necessary to consider the availability of places in the quota when the contract of employment or the offer of placement is addressed to: a) Cover trusted positions. b) This is the spouse or child of a foreign resident in Spain. c) This is the holder of a prior work authorization intended to be renewed.
d) The workers required for the assembly or repair of a production facility or equipment. e) Those who would have enjoyed refugee status for the year following the date of loss of such condition. Article 39.
Exceptions to the permit to work. Obtaining work permit for the following activities will not be required: a) Foreign technicians and scientists, invited or hired by the State. b) Foreign teachers invited or hired by a Spanish university. c) Foreign teaching staff and teachers, cultural institutions and teachers dependent on other states, or private ones, of accredited prestige, officially recognized by Spain, that develop in our country cultural programmes and teachers from their respective countries, as long as they limit their activity to the implementation of such programmes.
d) Civil or military officials of foreign state administrations who come to Spain to develop activities under cooperation agreements with the Spanish Administration. e) Foreign social media correspondents, duly accredited, for the exercise of information activity.
(f) Members of international scientific missions carrying out work and research in Spain, authorised by the State. g) Artists who come to Spain to perform specific actions that do not involve a continuous activity. h) Ministers, religious or representatives of the different Churches and Confessions, duly registered in the Registry of Religious Entities, as long as they limit their activity to strictly religious functions.
i) Foreigners who are part of the organs of representation, government and administration of the internationally approved trade unions, provided that they limit their activity to strictly union functions.
The work permit will also not be required when it comes to: (a) Spaniards of origin who would have lost Spanish nationality. b) Foreigners who are married to Spanish or Spanish and who are not separated in fact or in law. c) Foreigners who are in their ascendancy or descendants of Spanish nationality.
d) Foreigners born and resident in Spain. e) Foreigners with permanent residency authorization. Article 40. Special arrangements for students. The authorisation of admission and residence in Spain shall be granted for reasons of study to foreigners who have been admitted to an officially recognised teaching, public or private centre.
The duration of the residence permit shall be equal to the duration of the course for which it is registered in the centre to which the holder attends. The authorisation shall be extended on an annual basis if the holder demonstrates that he continues to meet the conditions required for the issue of the initial authorisation and that he meets the requirements of the teaching centre to which he attends.
- Foreigners admitted for study purposes shall not be entitled to carry out a paid activity on their own or an employed person;
- However, in so far as this does not limit the continuation of the studies, and in the terms which are regulated, they may exercise remunerated activities on a part-time basis or on a fixed term;
The performance of work in a family to compensate for the stay and maintenance in the same while improving the linguistic or professional knowledge will be regulated according to the provisions of the international agreements on placement “au pair”. Article 41.
- Special arrangements for seasonal workers;
- The Government shall regulate the work permit for foreign workers in seasonal or campaign activities which permits them to enter and leave the national territory in accordance with the characteristics of those activities;
campaigns. Public administrations shall ensure that seasonal workers are housed in housing with appropriate dignity and hygiene conditions and shall promote the assistance of appropriate social services to organise their social care during the season or campaign for which the work permit is granted.
- Article 42;
- Cross-border workers;
- Foreign workers who, residing in the border area, develop their activity in Spain and return to their place of residence on a daily basis, or at least once a week, must obtain the corresponding authorization administrative, with the requirements and conditions under which general regime authorisations are granted;
CHAPTER IV From fees for administrative authorizations to work in Spain Article 43. Taxable fact. The administrative authorization issued to foreign citizens to work in Spain, on their own or with others, constitutes the taxable fact of a fee. Article 44. Taxable persons.
- Employers shall be directly obliged to pay the fee to those who authorize the initial employment or the renewal of the authorization for the employment of a foreign worker in the case of an employed person and the worker himself when he or she is employed;
is self-employed. Any covenant by which the employed person assumes the full or partial payment of the established fee shall be void. Article 45. Amount of fees. The amount of the fees shall be determined in accordance with the class of authorization, initial or renewal, nature, own or foreign account, as well as its duration.
Permanent work authorizations will be exempt from the fee payment. TITLE III Of violations in the field of aliens and their sanctioning regime Article 46. The sanctioning authority. The exercise of sanctioning power by the commission of the administrative infractions provided for in this Organic Law shall be in accordance with the provisions of this Law and its provisions of development, and in Law 30/1992, of Legal status of public administrations and the common administrative procedure.
Article 47. Types of violations. Administrative responsibility shall be incurred by those who are authors or participate in any of the offences listed in the following Articles. The administrative offences set out in this Organic Law are classified as minor, serious and very serious.
Article 48. Minor infractions. These are minor violations: (a) The omission or delay in the communication to the Spanish authorities of the changes of nationality or domicile, as well as of other circumstances determining their employment status when they are required by the legislation applicable.
b) The delay, up to three months, in the request to renew the authorizations once they have expired. c) Finding work without having requested a work permit, when a temporary residence permit is available, or when the temporary residence permit is denied.
Article 49. Serious infringements. These are serious violations: (a) To be irregularly found on Spanish territory, for not having obtained or having expired for more than three months the extension of stay, the authorization of residence or similar documents, when they are enforceable, and provided that the The person concerned has not requested the renewal of the same in that period.
b) Finding yourself working in Spain without having applied for work permit or administrative authorization to work, when you do not have valid residency authorization. c) Incur in the form of a malicious concealment or a serious falsehood in the fulfilment of the obligation to bring to the attention of the Ministry of the Interior any changes in their nationality or domicile.
d) The entry into Spanish territory without the documentation or the required requirements, for places other than the steps that are enabled or in violation of the legally intended entry bans. e) Failure to comply with the measures imposed for reasons of public safety, periodic filing or mandatory residence, in accordance with the provisions of this Law.
f) The commission of a third minor infringement, provided that within six months prior to it, it has been sanctioned by two minor faults of the same nature. g) Foreign participation in the conduct of illegal activities. Article 50. Very serious infringements.
These are very serious violations: (a) Participate in activities that are contrary to the foreign security of the State or carry out any kind of activities that could damage the relations of Spain with other countries.
b) Participate in activities that are contrary to public order, intended as very serious in the Organic Law on the Protection of Citizen Security. c) Driving, promoting, encouraging or facilitating, as part of a for-profit organization, the clandestine immigration of people in transit or destined for the Spanish territory.
- (d) Conduct of discrimination on racial, ethnic, national or religious grounds in accordance with the terms of Article 21 of this Law;
- e) The usual hiring or use of foreign workers without having obtained prior authorization to hire them;
(f) The commission of a third serious infringement provided that within two years before it has been sanctioned by two serious faults of the same nature. Article 51. Penalties. The offences listed in the preceding articles shall be sanctioned in the following : (a) The minor infractions with a fine of up to 50,000 pesetas.
b) Serious infractions with a fine of 50,001 to one million pesetas. c) Very serious infractions with fine from one to ten million pesetas. It shall be the responsibility of the Deputy Government Delegate or the Government Delegate in the Uniprovincial Communities, the imposition of the penalties for the administrative offences set out in this Organic Law.
In order to determine the amount of the penalty, particular account shall be taken of the economic capacity and the degree of willingness of the offender. Article 52. Prescription of infringements and penalties. Very serious infractions will be prescribed at age three, severe to two years and mild to six months.
The penalties imposed for very serious infringements will be prescribed at five years, the serious ones at two years and those imposed for minor infractions per year. If the penalty imposed is the expulsion of the national territory, the limitation period shall not begin to count until the period of the prohibition of entry fixed in the resolution has elapsed with a maximum of ten years.
Article 53. Expulsion from the territory. Where the offenders are foreign nationals and carry out the conduct of the typified as very serious, or serious conduct as referred to in paragraphs (d), (e) and (g) of Article 50 of this Law, it may be applied instead of the fine expulsion from the Spanish territory, subject to the processing of the relevant administrative file.
The expulsion sanction may not be imposed except in cases of reoffending in very serious infringements to foreigners who are in the following cases: (a) Those born in Spain who have legally resided in the last five years.
(b) Those who are recognised as permanent residence, unless they are immersed in Article 50 (g) (a), (b), (c) and (f) of Article 49. (c) Those who have been Spanish of origin and have lost Spanish nationality. (d) Those who are beneficiaries of a permanent disability benefit for work as a result of an accident at work or occupational disease occurring in Spain, as well as those who receive a contributory benefit (a) unemployment or beneficiaries of a public health care provision intended to achieve their social or occupational integration or reintegration, unless the sanction is proposed for having carried out any of the offences recognised in the paragraphs (a), (b), (c) and (f) of Article 50 and (g) of Article 49.
The spouses of foreigners, relatives and children who are minors or disabled in any of the situations mentioned above may not be expelled from abroad. They may have been legally resident in Spain for more than three years.
two years, or pregnant women when the measure may present a risk to the pregnancy or to the health of the mother. When the foreigner is faced with a procedure for crimes punishable by a custodial sentence of less than six years, the Judge may authorize, after hearing the Prosecutor, his departure from the Spanish territory, provided that they are complied with.
the requirements laid down in the Criminal Procedure Act, or their expulsion, if it is appropriate in accordance with the provisions of the preceding paragraphs of this Article, after substantiation of the relevant procedure administrative sanctioning.
In the case of foreigners not legally resident in Spain and who are convicted of a firm sentence, the provisions of Article 89 of the Penal Code will apply. Article 54. Procedure and effects of expulsion. Any expulsion shall entail the prohibition of entry into Spanish territory for a minimum period of three years and a maximum of 10 years.
- No expulsion file shall be required for the return of foreigners in the following cases: (a) Those who have been expelled contravene the prohibition of entry into Spain;
- (b) Those who intend to enter the country illegally, except in the case referred to in Article 4;
1 of Law 5/1984, of 26 March, Regulatory of the Law of Asylum and of the Condition of Refugees. The return will be agreed upon by the governmental authority responsible for expulsion. The return agreed upon in accordance with paragraph 2 (a) shall result in the re-initiation of the calculation of the entry ban period which would have agreed to the broken expulsion order.
Also, in this case, where the return cannot be carried out within a period of seventy-two hours, the governmental authority may request from the judicial authority the intended detention measure for expulsion files.
Article 55. Collaboration against organized networks. A foreigner who has crossed the Spanish border outside the steps established for the purpose or has not complied with his obligation to declare the entry and is irregularly in Spain or working without permission, without documentation or documentation irregularly, because it has been the victim, injured or witnessed an act of illicit trafficking in human beings, illegal immigration, or illicit trafficking in labour or exploitation in prostitution by abusing its situation of need, it may be exempt from administrative responsibility and shall not be expelled if it denounces the competent authorities the authors or cooperators of such trafficking, or cooperate with and cooperate with law enforcement officials in the field of foreign affairs, providing essential data or testifying, where appropriate, in the corresponding process against such persons.
- The competent administrative bodies responsible for the instruction of the sanctioning file shall make the appropriate proposal to the authority to be resolved;
- Foreigners who have been exempted from administrative responsibility may be provided with their choice, return to their country of origin or stay and residence in Spain, as well as work permits and facilities for their integration;
in accordance with the provisions of this Law. Where the Prosecutor’s Office is aware that a foreigner, against whom an expulsion order has been issued, appears in criminal proceedings as a victim, injured or witness and considers that his presence is essential for the practice of judicial proceedings, shall bring it to the attention of the competent governmental authority for the purposes of the execution of his expulsion and, in the event that the latter has been executed, the effects of such expulsion shall be carried out in the same way as to authorize their return to Spain for the time necessary to be able to practice the proceedings Without prejudice to the adoption of some of the measures provided for in the Organic Law 19/1994 of 23 December 1994 to protect witnesses and experts in criminal cases.
Article 56. Return and internment. Foreigners who are not allowed to enter the country at the border will be returned to their point of origin as soon as possible. The governmental authority that agrees on the return shall be directed to the Judge of Instruction if the return is to be delayed for more than seventy-two hours to determine the place where they are to be interned until the time of the return.
The places of detention for foreigners will not be penitentiary, and will be equipped with social, legal, cultural and health services. Foreign nationals shall be deprived only of the outpatient right. The foreign national during his detention will be at all times available to the judicial authority that authorized him, and any circumstance in relation to the situation of the foreigners should be communicated to the governmental authority.
boarding. The detention of a foreigner for return purposes shall be communicated to the Ministry of Foreign Affairs and the Embassy or Consulate of your country. Article 57. Obligation to make periodic submission.
Exceptionally, the governmental authority may provisionally apply to foreign nationals who are in Spain and open a sanctioning file, the obligation to report periodically in the offices that are indicate. You may also agree to withdraw the passport or document of your nationality, after giving the person concerned the proof of such a measure.
Article 58. Admission to detention centres. Where the file relates to foreigners for the reasons referred to in Article 50 (a), (b) and (c) and Article 49 (g), in which the expulsion of the person concerned is to be proposed, the governmental authority may propose to the Judge The competent authority shall have its entry into a detention centre as long as the prosecution of the criminal case is carried out.
The judicial decision in relation to the application for detention of the alien pending expulsion shall be taken in a reasoned order, after hearing the person concerned. Detention shall be maintained for the time required for the purposes of the file, without in any event not exceeding 40 days, nor shall a new detention be agreed for any of the reasons provided for in the same file.
- The court decision authorising it, taking into account the circumstances in each case, may set a maximum period of duration of the detention lower than that referred to;
- Minors in which the presumed cases for detention are met shall be made available to the competent services for the protection of minors;
The Judge, after obtaining a favorable report from the Prosecutor’s Office, may authorize his/her entry into the detention centers of foreigners when they are also their parents or guardians, so request these and there are modules that guarantee family intimacy.
- The opening of the file, the precautionary detention and detention measures and the final resolution of the expulsion file from abroad shall be communicated to the Ministry of Foreign Affairs and the Embassy or Consulate of your country;
Article 59. The use of resolutions on foreigners. The administrative penalty decisions shall be used in accordance with the provisions of the laws. The system of enforceability of the same will be provided in general. In any event, where the foreigner is not in Spain, he may be able to take the resources, both administrative and judicial, through the appropriate diplomatic or consular representations or organizations of duly authorised migration assistance, who shall forward them to the competent body.
TITLE IV Coordination of public authorities in the field of immigration Article 60. Coordination of the organs of the State Administration. The Government will make a permanent observation of the most significant magnitudes and characteristics of the immigration phenomenon in order to analyze its impact on Spanish society and to provide objective and contrasting information to avoid or hinder the emergence of xenophobic or racist currents.
The Government will unify existing services, which are dependent on different bodies of the State Administration with competence on immigration, in provincial offices, in order to achieve adequate coordination of their actions. administrative. The Government shall draw up plans, programmes and guidelines on the action of the Labour Inspectorate prior to the sanctioning procedure, in particular to check compliance with the principle of equality and non-discrimination against women.
- foreign workers, as well as the effective enforcement of the regulations on the work permit of foreigners, all without prejudice to the powers of planning that correspond to the Autonomous Communities with powers in the implementation of the labour law;
Article 61. The Higher Council for Immigration Policy. In order to ensure proper coordination of the actions of the public administrations with competences on the integration of immigrants, a Higher Council of Immigration Policy will be constituted, in which representatives of the State, Autonomous Communities and municipalities.
- This body will establish the bases and criteria on which a comprehensive policy on the social and labour integration of immigrants will be established, for which it will seek information and consultation of the administrative, state-level or administrative bodies;
autonomy, as well as the social and economic agents involved with immigration and the defense of the rights of foreigners. Article 62. Support for the associative movement of immigrants. The public authorities will promote the strengthening of the associative movement among immigrants and support the unions and non-governmental organizations that, without profit, favor their social integration, providing them with material resources and financial support, both through the general programmes and in relation to their specific activities.
Article 63. The Forum for Immigration. The Forum for Immigration, constituted, in a tripartite and balanced way, by representatives of the public administrations, the associations of immigrants and the social organizations of support, among them the workers ‘ unions and Business organisations with interest and implementation in the field of immigration, is the body for consultation, information and advice on immigration.
The composition, powers, operating arrangements and administrative arrangements shall be determined. Single additional disposition. Maximum time limit for case resolution. Applications for extension of the residence permit as well as the renewal of the work permit to be formulated by the interested parties in accordance with the provisions of this Law will be resolved within the maximum period of three months.
- from the day following the day of the filing of the application;
- After that period without the Administration having given an express reply, the extension or renewal shall be deemed to have been granted;
First transient disposition. Regularisation of foreigners in Spain. The Government, by means of Royal Decree, will establish the procedure for the regularisation of foreigners who are in Spanish territory before 1 June 1999 and who prove that they have requested on occasion residence or work permit or have had it in the last three years.
Second transient disposition. Validity of the permissions in force. The different permits or cards that they enable to enter, reside and work in Spain to the persons included in the scope of the Law that have validity to the entry into force of it, will keep it for the time for which they have been issued.
BENEFITS OF THE NEW REGULATIONS FOR FOREIGNERS IN SPAIN
Transitional provision third. Rules applicable to ongoing procedures. The ongoing administrative procedures will be processed and resolved in accordance with the regulations in force at the time of initiation, unless the person concerned requests the application of this Law.
Single repeal provision. Regulatory repeal. The Organic Law 7/1985, of July 1, on the rights and freedoms of foreigners in Spain is repealed, and how many provisions are contrary to the provisions of this Law.
Final disposition first. Amendment of Article 312 of the Penal Code. Article 312 (1) of the Criminal Code is worded as follows: ” Article 312. They will be punished with prison sentences of two to five years and fine of six to twelve months, those who illegally bring in labor.
- ” Final disposition second;
- Inclusion of a new Title XV bis in the Criminal Code;
- A new Title XVa is introduced with the following wording: ” Title XV bis;
- Crimes against the rights of foreign citizens;
- Article 318 bis;
Those who promote, favour or facilitate the illegal trafficking of persons from, in transit or to Spain will be punished with prison sentences of six months to three years and a fine of six to twelve months. Those who conduct the conduct described in the previous section for profit, or use violence, intimidation or deception or abuse a situation of need of the victim, will be punished with prison sentences of two to four years and fine of twelve to twenty-four months.
- The corresponding penalties shall be imposed in the upper half of the penalties provided for in the preceding paragraphs, where the life, health or integrity of the persons or the victim is less than the life of the person in question;
age. In the same penalties as in the previous paragraph, and in addition to the absolute disablement of six to twelve years, those who perform the facts shall be committed to the condition of their authority, agent or public official. Penalties shall be imposed in excess of the penalties provided for in the preceding paragraphs, in their respective cases, where the guilty party belongs to an organisation or association, even of a transitional nature, which shall be used for such purposes.
activities. ” Final disposition third. Amendments to Articles 515, 517 and 518 of the Criminal Code. A new paragraph 6. in Article 515 is added with the following wording: “6. º That promote illegal human trafficking.
” 2. The first paragraph of Article 517 is amended as follows: “In the cases provided for in the numbers 1. and 3. to 6. of Article 515, the following penalties shall be imposed:” 3. Article 518 is amended as follows: ” Those who, with their economic cooperation or any other class, in any event relevant, favor the foundation, organization or activity of the associations included in the numbers 1 and 3.
in the prison term of one to three years, fine of twelve to twenty-four months, and disqualification for employment or public office for one to four years. ” Final disposition fourth. Non-organic items. The precepts contained in Articles 10, 12, 13 and 14 have no organic character, having been dictated by the provisions of Article 149.
of the Constitution. Final disposition fifth. Support for the Schengen Information System. The Government, within the framework of the Convention implementing the Schengen Agreement, will take all necessary measures to maintain the accuracy and updating of the data of the Schengen Information System, facilitating the exercise of the right to rectification or erasure of data to persons whose data are contained therein.
- Final disposition sixth;
- Regulation of the Law;
- The government within six months will approve the regulation of this Organic Law;
- Final disposition seventh;
- Information on the Law to interested organizations and organizations;
From the moment of the entry into force of this Law, the Government will adopt the necessary measures to inform the officials of the various public administrations, the managers of associations of immigrants, the Lawyers ‘ associations, trade unions and non-governmental organizations of the changes that the implementation of the previous legislation implies the approval of this Organic Law.
- Final disposition octave;
- Credit rating;
- The Government will dictate the necessary provisions to address the costs incurred in the implementation and development of this Law;
- Final disposition ninth;
- Entry into force;
This Organic Law will enter into force on the twentieth day of its full publication in the “Official State Gazette”. Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Organic Law. Madrid, January 11, 2000. JOHN CARLOS R.
What rights do immigrants have in Spain?
Resident aliens in Spain are granted the right to vote in municipal elections, access to the public system of aid for housing, and the right to social security and to general, basic and specific social benefits in the same conditions as Spanish nationals.
How are human rights protected in Spain?
Human rights in Spain are set out in the 1978 Spanish constitution. Sections 6 and 7 guarantees the right to create and operate political parties and trade unions so long as they respect the Constitution and the law. .
What does Article 1 of the Spanish Constitution of 1978 say?
Reform [ edit ] – The Constitution has been amended twice. The first time, Article 13. 2, Title I was altered to extend to citizens of the European Union the right to active and passive suffrage (both voting rights and eligibility as candidates) in local elections under the provisions of the Maastricht Treaty.
- The second time, in August/September 2011, a balanced budget amendment and debt brake was added to Article 135;
- The current version restricts the death penalty to military courts during wartime, but the death penalty has since been removed from the Code of Military Justice and thus lost all relevance;
Amnesty International has still requested an amendment to be made to the Constitution to abolish it firmly and explicitly in all cases. Amnesty International Spain , Oxfam Intermón and Greenpeace launched a campaign in 2015 to amend the article 53 so that it extends the same protection to economic , social and cultural rights as to other rights like life or freedom.
What is the Spanish law?
Constitutional supremacy [ edit ] – The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities.
What are the human rights issues in Spain?
What are the problems in Spain?
Contemporary Spain faces many serious challenges: they are still trying to recover from an economic crisis caused mainly by a housing bubble, the state is deeply in debt, unemployment is very high (especially among young people), inequality is high and increasing, and there are ongoing conflicts over religion, regional.
What is fundamental rights and freedom?
These rights enforce important principles like dignity, fairness, respect and equality. They set standards for how we live and work in Europe today. Fundamental rights are at the heart of the European project. And the EU enshrined them in its Charter of Fundamental Rights.
- FRA was set up to protect and promote them;
- Despite this heritage, there are many challenges to the practice of fundamental rights;
- FRA collects and analyses data to understand and tackle these issues;
- We work in partnership with EU institutions, Member States and civil society;
Together, we help make fundamental rights a reality for everyone living in the EU.
Where can I find Spanish laws?
Sources of Spanish law – The sources of Spanish law are defined in Article 1 of the Civil Code ( Código Civil ):
- The Spanish legal order is drawn from law, custom and the general principles of law.
- Provisions that contradict another of a higher ranking are without legal validity.
- Custom only applies in the absence of applicable law, provided that the custom in question is not contrary to public order or morality and is demonstrable.
- Legal uses that are not merely interpretative of an expression of intent are deemed to be customs.
- In the absence of law or custom, the general principles of law apply, notwithstanding their role in informing the legal order.
- The legal rules contained in international treaties do not apply directly in Spain until they have become part of the internal legal order by being published in full in the Official State Gazette ( Boletín Oficial del Estado ).
- Case-law complements the legal order with the doctrine established over time by the Supreme Court ( Tribunal Supremo ) in its interpretation and application of the law, custom and the general principles of law.
- Spain’s judges and courts, which are subject solely to the Constitution and the rule of law, are duty bound to decide on every case they hear, drawing on the established system of sources to inform that decision.
What is the importance of Cadiz Constitution?
The Cádiz Constitution is one of the most important legal documents in Spanish national history and a chief contribution of our country to liberalism and international constitutionalism. Cádiz symbolises the beginning of constitutional Spain, Europe and Latin America.
What is the Law 4/2000 on foreigners in Spain?
Haga clic para leer el artículo en español. Immigration became part of the Spanish government’s agenda in 1985, but it was not until the mid-1990s that it became a matter of vital importance to political elites and in the eyes of the public. The sharp increase in the number of foreign residents in the last years, the recent polemical debate surrounding the reform the immigration law, the establishment of a political immigration framework known as the Plan Greco, and the shortcomings of the 2002 labor quota program have made immigration one of the most hotly contested issues in the media, and the second most important “national” issue for Spaniards after terrorism.
Shifting Flows In the period 1850-1950, 3. 5 million Spanish, mainly temporary workers, left for the Americas from three areas: Galicia, Asturias, and the Canary Islands. Argentina received more than 1. 5 million of these emigrants, and others went to Uruguay, Brazil, and Cuba.
Spanish emigration to North Africa, though less well known, also took place from areas such as Murcia and the Balareas Islands. Algeria was the chosen destination of 94,000 Spanish emigrants in the last years of the 19th century. This flow shifted to Morocco after the establishment of the Spanish protectorate there in the period 1916-1919.
- During that period, some 85,000 Spaniards were counted, a number that rose to 250,000 when taking into account the residents of Cueta, Malilla and Tanger;
- Spain’s migration flows in the 20th century changed radically in two different ways;
First, the destinations of Spanish emigrants shifted dramatically. In the course of the century, some six million Spaniards left their country of origin, and until the 1930s, 80 percent chose to go to the Americas. From the 1950s to the mid-1970s, however, 74 percent chose the countries of Northern Europe.
- Second, in the last third of the 20th century, Spain evolved from its traditional role as a sending country and, increasingly, a transit country for migrants headed north;
- Spain became a receiving country for foreign laborers, mostly from Northern Africa and Latin America, and for well-to-do immigrants from other EU countries, such as retirees;
The inversion of Spanish migration flows was brought about by the international economic crisis of the early 1970s. While the number of emigrants fell, the number of immigrants continued to increase at a steady pace. From 1961 to 1974, at the height of the guest worker programs in Europe, about 100,000 people emigrated each year.
- Since then, the numbers indicate that Spain’s period of high emigration has ended, with total departures falling off from 20,000 per year to just over 2,000 annually in recent years;
- Spain’s development into a country of immigration was part of a larger regional phenomenon;
In the late 1980s, in the midst of economic crisis and the accompanying high unemployment, Mediterranean countries of Europe such as Spain, Portugal, and Italy, hitherto “way stations” or “waiting rooms” became receiving countries. This change was brought about by several factors, including the end of guest worker programs, the closing of the borders of traditional receiving countries, such as Germany, Switzerland, and France, the political evolution from authoritarian regimes, their proximity to the sending countries in the Maghreb, and the intense historical and economic bonds between both shores of the Mediterranean.
Other contributing factors include the poor performance of the labor markets in the sending countries, the extent of the underground economy in the European countries (that relied on illegal immigration), and the admission of Portugal, Spain, and Greece into the European Community in the course of the 1980s made them “gateway” countries as well as frontline states on Europe’s southernmost border.
Characteristics of Immigrants The number of foreign residents in Spain increased significantly in the last quarter century. From 1975 to 1985, the increase was a moderate average of 2. 2 percent annually. From 1985 to 1991 (which included the enactment of the Ley de Extranjería , the national immigration law, and the first extraordinary regularization process) the foreign population rose an average of seven percent annually.
As of 1992, this figure had climbed to 10 percent annually. From 1992 to 2000, the numbers of people from developing countries increased 214 percent annually, much higher than the 60 percent increase in the number of foreigners from industrialized nations.
As the 2001 data show, the countries of origin of resident foreigners have shifted significantly in a short time. Moroccans and Ecuadorans have become the two largest nationalities, even as immigration from other EU countries continues to account for a large share of the total.
|Table 1: Evolution of the foreign residents 1995-2000 by continent of origin|
Source: Anuario de Extranjería 2000 , Ministry of Interior.
Even in the mid-1990s, half of all resident foreigners were European (Table 1). Of this percentage, the largest groups were from EU member countries: the United Kingdom (23 percent); Germany (17 percent); and Portugal (12 percent), whereas immigrants from Eastern Europe accounted for only four percent. Africans accounted for 19 percent, most than three fourths of them Moroccans.
- The latter group has seen the largest and most sustained increase over the last 25 years, to the point of becoming the most numerous foreign nationality in Spain at this time;
- People from the Americas also saw their numbers grow at a constant pace, as they came to account for about 21 percent of all foreigners;
Traditional groups such as Argentines, Venezuelans, and Chileans decreased as a relative share of the Latin American population, while others such as Peruvians, Dominicans, and Cubans saw their numbers grow more quickly. In absolute terms, there were few people from North America (United States, Canada, and Mexico) or Oceania.
The relative share of the population of Asian origin diminished. More recently, the proportion of Europeans among all foreign residents declined to 40. 4 percent in 2000, and the African proportion increased to 29 percent.
The difference between the number of Europeans and Africans, the two largest foreign communities, has diminished not because fewer Europeans have arrived, but because the African population has increased much more rapidly. The number of European immigrants increased 105,735 from 1995 to 2000, surpassing even the population increase for Latin Americans, which was 91,033.
- At the same time, there was an increase of 165,660 in the number of Africans;
- People from the Americas accounted for 22 percent of the total, Asians eight percent, and persons from Oceania an almost invisible 0;
1 percent. The remainder of those counted were stateless people.
|Table 2: Foreign population in Spain|
Source: Balance 2001 from the Delegación del Gobierno para la Extranjería y la Inmigración, (DGEI), Ministry of Interior.
The latest official figures are provided the Delegación de Gobierno para la Extranjería y la Inmigracíon. The advantage of these numbers is that they were tallied subsequent to the last special regularization effort, which means they include a large part of the undocumented immigrant population. Spain’s undocumented population is estimated to be over 200,000.
In 2001, resident foreigners in Spain accounted for 2. 5 percent of the total population, and saw one of the largest annual increases in their numbers (23. 81 percent) in recent years (Table 2). The biggest communities of resident foreigners were Moroccans (234,937), Ecuadorians (84,699), the British (80,183), Germans (62,506), Colombians (48,710), French (44,798), and Portuguese (42,634).
These figures reflect the increasing size of the traditional Moroccan community, as well as the trend of increased immigration from Latin America. The fact that neither of the top two nationalities was an EU country, as had been the case just five years ago, brings Spain more in line with the tradition of immigration from third (i.
- non-EU) countries, a tradition also visible in other European Union countries;
- Two points should be noted with respect to the settlement patterns of foreigners in Spain;
- First, immigrants have little mobility;
By and large, immigrants tend not to move once they have settled. Second, the regions with the largest numbers of resident foreigners remained unchanged throughout the 1990s. Specifically, the “Mediterranean Autonomous Communities” of Catalonia, Valencia, Murcia, and Andalusia, as well as Madrid continue to host the largest numbers of immigrants.
- Labor Force Participation of Immigrants in Spain While migrants from other countries of the European Union are allowed to work in Spain, under the provisions of the Maastricht Treaty, workers from non-EU countries require a work permit, although many immigrants work illegally in Spain;
Legal and unauthorized migrants are playing an increasing role in Spain’s economy. Alongside economic factors, social networks have played a role in shaping labor market outcomes. Together with the segmentation of the Spanish labor market and a quota system that recruited workers by sector and province, these factors make for a visible labor-based stratification by ethnic group, thus creating labor-market niches.
At the close of 1999, non-EU foreign workers numbered 199,753, representing a slight increase (1. 4 percent) over the previous year. By continent of origin, Africans comprise the largest group. They account for 50.
5 percent (100,768) of all non EU foreign laborers, the majority (80,441) of which are from Morocco. The second largest group of workers come from the Americas and accounted for 29. 0 percent of all work permits. Peruvians, Dominicans, and Ecuadorans dominate this category.
- Asians account for 28,177 permits;
- Lastly, workers from other non-EU European countries, such Poland and Romania, numbered 12,644;
- Although this group was the smallest group (6;
- 33 percent of the total), it saw the greatest percentage increase with respect to the previous year (8;
94 percent). The service sector captures nearly 59 percent of all work permits for non-EU workers, followed by the agricultural sector (21 percent). Unlike other countries where immigrant labor has permeated construction and parts of industry, these sectors account for only nine and seven percent, respectively.
By group, however, the percentages vary. Accordingly, 86 percent of the Latin Americans and 89 percent of the Asians are involved in the service sector, 39 percent of the Africans are employed in agriculture, and 15 percent of East Europeans work in construction.
The numbers of immigrants in the work force vary by province, too, depending on the leading economic sector. The autonomous communities with the largest number of workers are Catalonia (53,804), Madrid (48,402), and Andalusia (24,024), though the largest increases in the last two years have been in Murcia (32.
69 percent) and the Canary Islands (22. 71 percent). Forging an Immigration Policy Spain’s first attempt at immigration legislation was under the then Socialist Party government. With Spain’s admission to the European Community scheduled for 1986, the country was under pressure to conform to EC legislation that restricted non-EC citizen immigration.
In 1985, Spain’s first law, the Ley de Extranjería , or the Law on the Rights and Freedoms of Foreigners in Spain, approached most immigration as temporary phenomenon, and focused primarily on control over migrants already in the country. Immigrants were broadly conceptualized, first and foremost, as workers who required regulation by the Ministry of Labor.
The focus on control of immigrant access to the labor market hindered family reunification and proved to be an obstacle to stable residency of the foreign-born population. New policies required that migrants seek work visas and residency permits only after any job offer and, further, made it exceedingly difficult to renew required permits.
As a result, many immigrants ended up in an illegal status In addition, the 1985 law called for employer sanctions that were weakly enforced. While the 1985 legislation was more restrictive toward immigration and extremely weak with regard to immigrant rights, a 1996 amendment to the 1985 law recognized immigration as a structural phenomenon and acknowledged that the foreigners had a set of subjective rights.
These rights included access to education, equality, legal counsel, and an interpreter when dealing with authorities. It strengthened the power of the regional governments to protect the rights of immigrant minors and formally established a quote system for temporary workers.
Finally, the amendment established a permanent resident category and formally included family reunification within its framework. Finally, in January 1998, an initiative emerged that tackled the issue of integration. Supported by three political parties, including Izquierda Unida, Convergencia I Unió, and Grupo Mixto (but not by the Partido Popular, which has governed since 1996), the Law on the Rights and Freedoms of Foreigners in Spain and their Integration (Law 4/2000) was passed and took force on January 12, 2000.
This law is notable for the broad political consensus that backed it, for its clear focus on integration and the political and social rights extended to non-EU foreigners, and for its recognition of the permanent dimension of immigration.
Most importantly, this law marked the transition in Spain from a policies focused on controlling immigration flows ( política de extranjería ) to policies that looked more broadly at immigration and integration ( política de immigración ) for Spain. This is not so much because of the law’s acknowledgement of immigrant rights but because of its conception of immigration as a permanent phenomenon, with political and administrative instruments devised to regulate it.
The Law 4/2000 on the Rights and Freedoms of Foreigners in Spain and their Social Integration was widely criticized by the ruling Partido Popular, which considered it too permissive and not along the more restrictive lines being promoted by the European Union.
The party’s parliamentary majority after the March 2000 elections enabled it to pass Law 8/2000 to amend the previous legislation. The regulation enacting the law took force in mid-2001, and set forth a reform agenda for issuing work and residency permits and visas.
- Furthermore, in aligning itself with common European policy on immigration and asylum, the law addressed access and control measures, reflected an effort to ensure integration of legal immigrants and limit unauthorized immigration, and paved the way for the signing of cooperation agreements with the main sending countries to manage inflows from the point of origin;
Spain has signed several bilateral agreements of this kind with Ecuador, Colombia, Morocco, Dominican Republic, Nigeria, Poland, and Romania. These agreements, with the exception of the Nigerian agreement on repatriation, are focused on negotiating administrative formulas for access to Spain and its labor market.
- These agreements regulate labor opportunities and, as such, provide for the communication of employment offers, the assessment of professional requirements, travel, and reception;
- They also work to enhance migrant labor and social rights and the work conditions of the immigrant workers;
In addition, the agreements special provisions for seasonal workers and the measures to facilitate their return to their home countries. The Plan Greco The 2000 law was the starting point for the emergence of the Global Programme to Regulate and Coordinate Foreign Residents’ Affairs and Immigration in Spain.
The so-called Plan Greco is a multiyear initiative initiated in 2001 and expected to run until 2004. Falling within the Interior Ministry, and specifically, the Immigration Department, the Plan Greco is designed to address four key areas: 1.
Global, coordinated design of immigration as a desirable phenomenon for Spain, as a member of the European Union; 2. Integration of foreign residents and their families as active contributors to the growth of Spain; 3. Admission regulation to ensure peaceful coexistence within Spanish society, and 4.
- Management of the shelter scheme for refugees and displaced persons;
- Based on the territorial organization of the Spanish state, and its political and administrative decentralization, the Plan Greco acknowledges the vital role that regional governments will play in integrating the immigrant population;
The 2000 law and the Plan Greco are both explicit in their recognition that it is the development and implementation of integration policies at the local level that will have the greatest impact on integration. In May 2000, a state secretariat, the Delegación de Gobierno para la Extranjería y la Inmigración , with broad powers was established under the Ministry of Interior to deal with immigrant issues.
The head of the new secretariat is a leading member of two governmental agencies: the Inter-Ministerial Commission on Immigration Affairs, which is entrusted with analyzing government actions that impact the treatment of foreigners, immigration, and asylum; and the Superior Council on Immigration Policy that coordinates different levels of government on immigration affairs.
The secretariat’s chief also serves on a government immigration oversight body, and nominates candidates for president of the Forum for the Social Integration of Immigrants. This concentration of power under the Ministry of the Interior signals a shift from its former seat in the Labor Ministry.
- Extraordinary Regularization Processes The harsh policies introduced under the 1985 law left large numbers of immigrants without the proper documentation to reside and work in Spain;
- As a result, the government launched a regularization program that ultimately had little impact, given the distrust that had developed between the government and immigrants due to the 1985 legislation;
Only 23,000 immigrants of 44,000 applications were legalized. Subsequent extraordinary regularization processes were initiated in 1991. With the help of immigrant support organizations, more than 110,000 immigrants applied for legal status. However, after three years, 50 percent of those immigrants that had legalized their status under the 1991 procedures had fallen back into an illegal status.
Additional regularization programs have taken place in 1996, 2000, and 2001 to compensate for ineffective and restrictive admissions policies. These programs have granted initial residency permits valid for one year, but the limited duration and the difficulties in renewing such permits has forced many immigrants back into an back into an irregular status.
A special regularization procedure on grounds of family reunification took place in 1994. Although the official goal was to unify families, many unauthorized immigrants with family members legally in Spain used the opportunity to legalize their status. Labor Quota System In addition to regularization programs, and paralleling Spain’s work permit system, the country has experimented with a labor quota system to respond to short and long-term shortages in the labor market.
- Quotas have been used in 1993-1995, 1997-1999 and in 2002;
- Before 2002, the quota has channelled legal immigration flows to sectors of the Spanish economy facing a shortage of native workers;
- The quota system had another effect: many illegal immigrants viewed it as a way to gain legal status in the country;
Most applications for a position within the quota system came from undocumented immigrants already in Spain. In 2002, the quota system was reformed. To ensure continuity and stability, the government is now required to establish annual quotas for foreign workers.
In particular, before work permits can be granted, the National Employment Institute (Instituto Nacional de Empleo) must issue a report on the nation’s employment situation. If it determines that there are no unemployed workers available for open positions, then foreign labor can be considered.
Second, in an effort to reduce illegal immigration, the government now only hires foreign workers from their countries of origin and through bilateral agreements with sending countries. Undocumented immigrants in Spain can no longer use this channel to seek work.
|Spain and Asylum Seekers|
| The Law on the Right to Asylum and Refugee Status, passed in March of 1984, and amended in 1994, is the main piece of legislation governing refugee status in Spain. Once an asylum application is filed, asylum seekers have the right to interpreters, legal counsel and medical assistance. Applicants can stay in Spain for up to sixty days while their application is pending. Favorable rulings guaranteed the right to social, health and education welfare and work permit.
Those who are denied asylum must leave Spain, usually within sixty days. In 2000, 7,926 asylum applications were filed, and favorable rulings were handed down in 453 cases, covering 752 individuals. Claimants of the following nationalities were the most numerous: Colombian (17 percent of the total), Nigerian (11 percent), Sierra Leonean (19 percent), and Cuban (11 percent).
People of other nationalities seeking asylum were principally from Algeria and former Eastern bloc countries, such as Armenia, Romania, Russia, and Ukraine.
However, both employers and labor unions agree that the 2002 labour quota was a failure. While the government set a quota of 32,079 workers (10,884 permanent workers and 21,195 temporary workers), it was widely viewed of falling short of meeting labor needs. In particular, some labor unions estimated that another 10,000 workers were necessary in the agricultural sector.
In 2003, the quota has been fixed at 24,337 foreign workers (10,575 permanents workers and 13,762 temporary workers). By reducing the quota for temporary workers by almost 10,000 less than the 2002 number, the government has signalled that it continues to seek to limit immigration.
Future Challenges Currently, the Law 8/2000 is being challenged before the Constitutional Court by Partido Socialista Obrero Español. The quota system has also come under criticism by several immigrant support groups and political parties. Although the Plan Greco promises to focus on integration and local governments are developing this issue, it appears that the government will continue to push forward with an agenda to slow immigration and to focus on border protection.
- With a 23 percent increase in immigration in 2002, it is unclear how the government’s policies to limit immigration will square with the new immigration context;
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What are the fundamental rights of a person in Spain?
Section 10 1. The dignity of the person, the inviolable rights which are inherent, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace. Provisions relating to the fundamental rights and liberties recognized by the Constitution shall be construed in conformity with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain.
What are the rights of aliens in Spain?
Aliens who are legally in Spain under the provisions of the present law have freedom of movement and the right to choose their place of residence. Limitations may be imposed according to international treaties or following judicial decisions, in cases of state of emergency, martial law and for security reasons.
What is the law on immigration in Spain?
In 1985, Spain’s first law, the Ley de Extranjería, or the Law on the Rights and Freedoms of Foreigners in Spain, approached most immigration as temporary phenomenon, and focused primarily on control over migrants already in the country.