This blog is hosted on Ideas on EuropeIdeas on Europe Avatar

Caught You Red-Handed

Tu Ne Cede Malis, Sed Contra Audentior Ito

Latest

Detention of Irregular Migrants in Spain

The detention of irregular migrants in specialized centers to ensure their removal is a contentious precautionary measure. Although the Return Directive does not constitute the ultimate solution to this controversial issue, nor has the CJEU been very concrete and clear in the matter, both have had an important impact on the Spanish detention legislation (Organic Law 2/2009 and the recent Royal Decree that regulates the detention facilities). This blog post briefly addresses two contentious issues: the implications of the CJEU’s Zaizoune ruling and insufficient alternatives to detention.

34_anillo_verde_pk_34-7_-_15-44_cie_aluche

In the Zaizoune case, the CJEU declared the Spanish measure of replacing expulsion with a fine to be incompatible with the Return Directive. Before the Zaizoune case, most of the irregular stay cases were handled in Spain by issuing a fine, jointly with a voluntary period of departure of 15 days, to the migrant. If the fine was not paid or the departure from the national territory did not occur, the migrant’s removal would take place through a preferential procedure as soon as the individual was re-identified by the law enforcement authorities. Following the Zaizoune case, the ordinary procedure of removal now must be applied, which grants the migrant a period of voluntary departure, in contrast to the preferential procedure. While the Spanish law used to broadly transpose the exceptions of the Return Directive regarding the granting of a period of voluntary departure, the current application of the ordinary procedure to most of the removal cases will require a restrictive interpretation by the national courts. Otherwise, the CJEU may also declare this broad transposition of the Return Directive incompatible with EU law.

On the other hand, the Return Directive establishes as a core objective that the detention of any irregular migrant should effectively lead to his or her expulsion, yet data shows that Spanish law enforcement authorities excessively resort to detention. Out of the 7,340 people detained in 2014, only 3,483 were finally expelled. Nevertheless, while the Return Directive grants the States the possibility to detain a migrant a maximum period of 18 months, in Spain the authorities only have 60 days to effectively remove the migrant. Given this dilemma, the solution lays in the Spanish courts, which should further resort to alternatives to detention.

COMMENT

Recent Articles

The Introduction of an Individual Complaint Mechanism within Frontex: Two Steps Forward, One Step Back

Published on by | Comments Off
5157508361_9b49f598d7_o

The mandate and budget of Frontex has consistently been enhanced since its inception in 2004. Since the Agency’s role under EU law has expanded, the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened as well. In this regard, the European Ombudsman and the Parliament recommended that Frontex introduced an individual complaint mechanism to handle violations of fundamental […]

EU Refugee Crisis: Who is Rescuing Migrants at Sea?

Published on by | Comments Off
Sin título.jpg

This summer’s press was once again abuzz with headlines and images of the exodus of thousands of migrants, knocking at Europe’s door. The scenario of a massive number of vessels overflowing with people fleeing from their countries towards southern European shores is no news to Europe. Although the state of alarm has long been declared, […]

Power of referendum – the Irish phenomenon

Published on by | Comments Off
combine_images

In 2012, the Hungarian government introduced a constitutional ban on same-sex marriage. Only a year later, Croatia held a constitutional referendum, which clarified that marriage can be available to opposite sex partners only. In February 2015, Slovakia held a similar popular vote, which, however, fell short of the required turnout. It should be noted that […]

La concertación

Published on by | Comments Off

Los tributos que constituyen el sistema tributario de los Territorios Históricos son los llamados tributos concertados. La concertación de un impuesto significa que dicho impuesto se incluye en el régimen tributario de los Territorios Históricos, y que, por tanto las instituciones competentes de Álava, Bizkaia y Gipuzkoa deberán establecer, mantener y regular. Estos tributos concertados […]

Dutch Partial Ban on Islamic Veil in Public Spaces

Published on by | Comments Off

In my previous post I analyzed the first ruling at the European Court of Human Rights (ECtHR), “S.A.S v. France”, concerning the full-face veil. The ECtHR introduced the principle “living together” as a legitimate aim to ban the burqa and niqab in France, on the basis that wearing the full-face veil hinders communication among individuals. I thought that ruling was dangerously […]

El caso Aitana

Published on by | Comments Off

Es un verdadero placer para nuestro Blog contar con autores invitados. En esta ocasión estamos felices de poder compartir la contribución de Silvia Alonso Guijarro. Silvia estudió periodismo en Valladolid con estancias en la “Université de Liège” y “Carlos III de Madrid”, actualmente trabaja como trainee en @amadeusESP. En su entrada analiza un aspecto de gran relevancia tanto para […]

Viajando por la fiscalidad

Published on by | Comments Off

Quisiera inaugurar una sección dedicada a conocer un poco mejor los sistemas fiscales que hay en el mundo, y como no podía ser de otra manera, en la primera de esta serie de entradas que iré publicando, me gustaría esbozar una introducción al sistema fiscal español, o mejor dicho, a los sistemas fiscales que podemos […]

Fancy an extra citizenship? Voila, for a generous fee, there is plenty to choose from…

Published on by | 1 Comment

Nowadays, there is really nothing that would preclude one from becoming a citizen or resident of numerous countries, provided that s/he has a big wallet. This semi-serious but rather controversial statement aims at triggering a discussion about a, currently hardly uncommon, phenomenon of sovereign[1] states’ practice of offering their citizenship or nationality to foreigners in […]

The German Constitutional Court Says Yes to the Islamic Veil

Published on by | Comments Off

Yesterday, BBC online reported on the new ruling made by the German Constitutional Court (GCC), which specifically held that prohibiting teachers from wearing the Islamic Veil in public schools is not compatible with the German Constitution. This ruling affects eight federal states (Baden – Württemberg, Bavaria, Berlin, Bremen, Hesse, Lower Saxony, North Rhine Westphalia and Saarland), which had […]

Subscribe to a fortnightly email featuring posts from Ideas on Europe hosted blogs

UACES and Ideas on Europe do not take responsibility for opinions expressed in articles on blogs hosted on Ideas on Europe. All opinions are those of the contributing authors.