Extranjero Hermano: Algunos defectos de la nueva Ley de Extranjería
DOI:
https://doi.org/10.3989/arbor.2005.i713.446Keywords:
Spanish law, foreigners law, international private law, juridical values, punitive law, paperless immigrants, aid to development, Schengen, European law, immigration lawAbstract
The 2003 Spanish Immigration Law runs afoul of fundamental legal values and principles recognized in the Spanish Constitution. It has enlarged the powers of the Administration and the duties of foreigners. As against such a legislative line, I propose a substantial reform by which: (1) the mere fact for a foreigner to be found in Spain without an official permit will not be considered an infringement of the law; (2) a permanent process of normalization will be established, by which foreigners will acquire legal residence after a certain time; and (3) the law will enforce the following values: human brotherhood, historic links, pity, hospitality, freedom, friendship and love, as well as the legal principles of a globalization with a human face, gratefulness, integrability and national interest.
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