Welcome to Extranjería Legal, a weekly newsletter bringing you the latest legislative updates and news on Immigration Law, the European Union, and International Protection.
Legislative updates, international agreements, and other provisions
- Agreement between the Kingdom of Spain and the Republic of Honduras on the reciprocal recognition and exchange of national driving licenses, made ad referendum in Madrid on May 13, 2024. Link: BOE
- Update to the list of border crossings mentioned in Article 2, Section 8, of Regulation (EU) 2016/399 of the European Parliament and Council, which establishes a Union Code for the crossing of persons across borders (Schengen Borders Code). Link: DOUE
- Correction of errors in the Treaty of Friendship, Good Neighborliness, and Cooperation between the Kingdom of Spain and the Islamic Republic of Mauritania, made in Madrid on July 24, 2008. Link: BOE.
Relevant Case Law
- Judgment of the Court of Justice of the European Union C-387/24
Date: October 4, 2024
Case: C-387/24
Procedure: Urgent preliminary ruling
Matter: Border control, asylum, and immigration — Directive 2008/115/EC, Directive 2013/33/EU, and Dublin III Regulation — Detention and expulsion of third-country nationals
The Court of Justice of the EU analyzes the legality of two consecutive detention measures imposed on a third-country national under Directives 2008/115/EC and 2013/33/EU, as well as the Dublin III Regulation.
The Court of Justice concludes that:
- EU law is not violated by a national law that does not require the immediate release of a third-country national detained under a second legal measure, even if a first measure was unlawful.
- The legality of each detention must be analyzed independently, and Member States have the power to impose consecutive detentions if they comply with applicable regulations.
- Fundamental rights, such as the right to liberty and effective judicial protection, must be guaranteed, but this does not mean that every prior illegality in a detention automatically leads to release.
Link: C-387/24
- Judgment of the Court of Justice of the European Union C-134/23
Date: October 4, 2024
Case: C-134/23 [Somateio Elliniko Symvoulio gia tous Prosfyges vs. Ypourgos Exoterikon]
Procedure: Preliminary ruling
Matter: International protection — Directive 2013/32/EU — Concept of “safe third country” — Republic of Turkey
The Court of Justice of the EU addresses the interpretation of the concept of “safe third country” under Directive 2013/32/EU and its compatibility with Article 18 of the Charter of Fundamental Rights of the European Union.
The ruling addresses whether a country like Turkey, which has suspended the readmission of international protection applicants, can still be designated as a “safe third country.”
The Court concludes that:
- A Member State’s legislation is not opposed to designating a third country as generally safe, even if that country has suspended admission or readmission of international protection applicants.
- The designation of a safe third country can be made by a general act, but the Member State must ensure that applicants have access to a proper procedure in case they are not admitted into the third country.
- The fact that Turkey has suspended readmissions does not invalidate its designation as a “safe third country” as long as applicants have access to fair procedures in the Member State.
- Link: C-134/23
Relevant News
- Irregular immigration data: The Ministry of Interior has published cumulative data from January 1 to September 30 on irregular arrivals to Spain. Link: Ministry of Interior
- Humanitarian aid – Lebanon: The European Commission has announced a new €30 million humanitarian aid package for Lebanon. In 2024, the European Union has approved more than €100 million in humanitarian aid for the Middle Eastern country. Link: European Commission
- EU Digital Travel app: The European Commission has introduced two proposals for the digitalization of passports and identification documents aimed at travelers to and from the Schengen area. These measures seek to streamline border controls, reduce waiting times, and facilitate mobility without compromising security. The implementation of these tools will be available starting in 2030. Link: European Commission
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