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Grupo Parlamentario Socialista and Others v the State – Case no. 2896-2015

Country Spain
Status FINAL
Court Constitutional Court
Relevant Law Articles 9, 10, 15, 18, 20, 21, 23,24, 25 and 106 of the Constitution, Article 20.2; Articles 36.2 and 37.1 (in conjunction with Articles 30.3, 37.3 and 7); Article 36.23 (and, by connection with 19.2) of the Organic Law 4/2015 on Citizen’s Security; first final provision Organic Law 4/2000 on the rights and freedoms of foreigners in Spain and their social integration
Year 2020
Found for State

The case conderned, inter alia, a provision of the Organic Law 4/2000 stating that aliens being detected at the border line of Ceuta or Melilla while trying to surpass the border elements in order to irregularly cross the border may be rejected with the aim of avoiding their illegal entry to Spain. The Constitutional Court upheld the appealed provision and stated that it is in line with the spanish Constitution aprovided that it is interpreted in the way indicated in legal basis 8(C), as set out in the following points: application to individualised entries, full judicial review, compliance with international obligations. The Court found for the state in the part related to the relevant provision regulating the irregular border crossing in Ceuta and Melila.