Abstract

CUADRON AMBITE, Susana. The Efficiency of the Right to Defense of Migrants at Spanish Borders: Possible failure of the System of Judicial Guarantees. Bol. Mex. Der. Comp. [online]. 2015, vol.48, n.144, pp.973-1003. ISSN 2448-4873.

This paper analyzes legislative development regarding the content and effectiveness of the right to defense of migrants in a set place and time, which is when they are at the border and seek entrance into national territory, and hence into the Schengen area. The Spanish Government has had to reconcile the migratory policies imposed by the European Union along with the constitutional demands in respect to this matter. As a result, a system of guarantees has been created which may be considered efficient, nevertheless, the migratory pressure which Spain has been subject to, especially on its border with Morocco has caused the Government to fail upon these when trying to legalize actions which our legal practice and jurisprudence deem unconstitutional.

Keywords : Migrants; Border Control; Refusal of entry into Spanish Territory; Right to Defense.

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