Rights of Foreigners in Spain PDF

## Auxiliary of Nursing of the National Institute of Health Management (INGESA) ### Rights of Foreigners in Spain ### 1. Introduction. Regulatory framework The Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration has been amended on th...

## Auxiliary of Nursing of the National Institute of Health Management (INGESA) ### Rights of Foreigners in Spain ### 1. Introduction. Regulatory framework The Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration has been amended on three occasions since its adoption: - 8/2000, of 22 of July - 2/2003, of 29 of September - 14/2003, of 20 of November and - 2/2009, of 11 of December. On the other hand, the number of Community rules that affect the Right to Foreigners of the European States has been growing; therefore, there are increasingly more rules being adopted in the European Union, in matters of immigration, which must be incorporated into our legal system. In this order of issues, it is worth highlighting the signing of the European Pact on Immigration and Asylum, ratified at the European Council of October 16, 2008 by the 27 member countries of the European Union, in which they establish as the main objectives to achieve legal and orderly immigration, to fight against illegal immigration and to favor the integration of legal immigrants through a balance of rights and duties. As indicated in the Statement of Reasons for Organic Law 2/2009, these are the three causes that justify the reform proposed in Organic Law 4/2000, of January 11, in its current wording: - The need to incorporate into said Organic Law the jurisprudence of the Constitutional Court, providing for this purpose a new wording in accordance with the Constitution, to the articles of the same that have been declared unconstitutional. - The need to incorporate into our legal system, through the indicated Organic Law, the European Directives on immigration that are pending transposition or that have not been fully transposed. - The need to adapt the aforementioned Organic Law to the new migratory reality in Spain, which presents characteristics and poses challenges different from those that existed when the last reform of the law was approved. On the other hand, Organic Law was the subject of regulatory development through Royal Decree 557/2011, of April 20, which approves the Regulation of Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009 - it is usually called the Foreigners Regulation. ### 2. Objectives of Organic Law 2/2009, of December 11 The reform introduced in Organic Law 4/2000 by Organic Law 2/2009, aims to: - Establish a framework of rights and freedoms of foreigners that guarantees the full exercise of fundamental rights. - Improve the system of legal and orderly channeling of migratory labor flows, strengthening the link between the capacity to accommodate workers and the needs of the labor market. - Increase the effectiveness of the fight against irregular immigration, by strengthening the means and sanctions, especially as regards those who facilitate the access or stay of illegal immigration in Spain, by aggravating the sanctioning regime in this case and by strengthening the procedures for the return of foreigners who have illegally accessed our country. - Strengthen integration as one of the central axes of immigration policy that, taking into account the acquis of the European Union in the field of immigration and international protection, aims to achieve a framework of coexistence of identities and cultures. - Adapt the legislation to the competencies of labor execution provided for in the Statutes of Autonomy that affect the initial authorization regime of work, and to the statutory competencies in the field of reception and integration, as well as to enhance the coordination of actions of Public Administrations with competencies that, moreover, affect immigration and strengthen cooperation among them with the aim of providing a more effective and high-quality service to citizens. - Strengthen and institutionalize dialogue with immigrants organizations and organizations with interest and implementation in the migratory field, including among them trade unions and employers' organizations most representative, in the definition and development of immigration policy. The changes that are introduced in Organic Law 4/2000, of January 11, affect all the titles of the law. It is advisable to make a general clarification that affects the different articles on the terms of residence or resident, which in any case should be understood as referring to a situation of legal stay or residence, that is, in accordance with the requirements established and which, therefore, allow the alien to stay in our country in any of the regulated situations. When the reference to the situation of stay or residence is omitted, as in the case of the exercise of fundamental rights, it is precisely because that situation should not be required.