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What it is

Bill to make expulsion the main penalty for irregular stay

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 November 2020. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill amending Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, to adapt it to the case law of the Court of Justice of the European Union regarding the return of nationals of third countries in an irregular situation.

Source: Congreso de los Diputados, file 122/000102· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would change the immigration law so that, for foreigners in an irregular situation, expulsion becomes the general penalty and the fine the exception. Right now the law mainly provides for fines, with expulsion only optional.
  2. The authors base the change on rulings by the Court of Justice of the European Union from 2015 and 2020, which require member states to issue a return decision against any third-country national in an irregular situation.
  3. A fine could only replace expulsion if it is more proportionate, taking into account the best interests of the child, family life, or the person's state of health.
  4. The law would take effect the day after its publication in the Boletín Oficial del Estado (Spain's official gazette).

Who it affects

  • Third-country nationals in an irregular situation in Spain.: would face expulsion instead of a fine as the main penalty
  • The administration and courts that sanction these offenses.: could impose expulsion as the general rule
  • Spain as a state, whose law would be aligned with European Union law.: would avoid a possible EU infringement procedure

Words worth knowing

Ley Orgánica (organic law)
A Spanish law reserved for major matters, such as fundamental rights, requiring a special majority in Congress.
Directiva (directive)
A European Union rule that requires member states to achieve a result but lets them choose how to do it.
Situación irregular (irregular situation)
Being in Spain without the authorization or permit required by immigration law.
Tribunal de Justicia de la Unión Europea (Court of Justice of the European Union)
The EU court that interprets and applies European Union law in all member states.
Principio de proporcionalidad (principle of proportionality)
The penalty must match the seriousness of the conduct and not be excessive.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced18 November 2020Someone registers the text in the Congreso.
  2. Admitted30 November 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 18 November 2020: Presentación22. 30 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 30/11/2020 hasta 04/12/202033. 30 November 2020: Calificación44. 4 December 2020: Gobierno Contestación desde 04/12/2020 hasta 15/02/202155. 15 February 2021: Pleno Toma en consideración desde 15/02/2021 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.