Legislation, case law and the rights of migrants

Analysis of the trends in legislation and case law in 2015 reveals differences between the two. Legislation continues to restrict the rights of foreigners in Spain. This is shown by the legalisation of the so-called “push-backs” at the border fences in Ceuta and Melilla; as well as in the process of acquiring nationality by residence. On the other hand, in case law we find interpretations that are more protective of the rights of foreigners, especially in relation to the right to family life. The legal doctrines of the Supreme Court – which has nullified various provisions of the regulation on immigrant detention centres – show this, as do those of the Constitutional Court and the European Court of Human Rights (ECHR).

Key Words:  Legislation, foreigners’ rights, family life, Supreme Court, Constitutional Court, European Court of Human

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