Spain's Supreme Court drops criminal record requirement for relatives of Spaniards
Spain's Supreme Court has removed the requirement of having no criminal record for foreign relatives of Spaniards. The ruling, amid a mass regularization drive, opens the…
English · Original discussion in Spanish · Published
Supreme Court opens the door to residents with incivil records
Spain's Supreme Court has eliminated the requirement of having no incivil record for foreign relatives of Spaniards to obtain residence permits. The decision, which has not been referred to the Court of Justice of the European Union, comes amid a mass regularization process for immigrants in Spain.
The ruling means that people with previous convictions will be able to obtain residence through family reunification without their incivil history being an obstacle. Public debate has focused on the potential impact on public safety and the burden on the judicial and prison systems. However, the Supreme Court did not consider it necessary to consult Europe on whether this interpretation is compatible with EU law.
Meanwhile, the Government is pressing ahead with its extraordinary regularization plan, which its defenders say seeks to integrate workers in the informal economy. Critics point out that removing incivil record filters may encourage the arrival of people with records, without any assessment of costs in terms of public safety or social spending.
The striking fact: the European Union, which usually acts as guarantor of migration control standards, has taken no position on this judicial interpretation. A silence that some read as acquiescence and others as prudence in the face of a latent political conflict.
Spain's Supreme Court has eliminated the requirement of having no incivil record for foreign relatives of Spaniards to obtain residence permits. The decision, which has not been referred to the Court of Justice of the European Union, comes amid a mass regularization process for immigrants in Spain.
The ruling means that people with previous convictions will be able to obtain residence through family reunification without their incivil history being an obstacle. Public debate has focused on the potential impact on public safety and the burden on the judicial and prison systems. However, the Supreme Court did not consider it necessary to consult Europe on whether this interpretation is compatible with EU law.
Meanwhile, the Government is pressing ahead with its extraordinary regularization plan, which its defenders say seeks to integrate workers in the informal economy. Critics point out that removing incivil record filters may encourage the arrival of people with records, without any assessment of costs in terms of public safety or social spending.
The striking fact: the European Union, which usually acts as guarantor of migration control standards, has taken no position on this judicial interpretation. A silence that some read as acquiescence and others as prudence in the face of a latent political conflict.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (11 replies).
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