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What it is

Prosecuting human smuggling even when it happens outside Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 15 June 2007. Introduced by: Gobierno.

Official title: Organic Government bill for the extraterritorial prosecution of illegal trafficking or clandestine immigration of persons.

Follow this law

Source: Congreso de los Diputados, file 121/000142· updated 11 Nov

Automatic summary, not yet reviewed

  1. Spanish courts will be able to try illegal trafficking or clandestine immigration of people, whether or not they are workers, even when the acts were committed outside Spain, by Spaniards or foreigners.
  2. Anyone who directly or indirectly promotes, favors or facilitates illegal trafficking or clandestine immigration of people from, in transit to or with destination Spain, or to another European Union country, faces four to eight years in prison.
  3. Anyone who promotes or favors the clandestine immigration of workers to Spain or to another European Union country is also punished.
  4. Several changes are made to the organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. of the Judicial Power regarding commercial court jurisdiction, pay for substitute and non-career court secretaries, and leave to care for family members.

Who it affects

  • People who traffic migrants or favor clandestine immigration: They can be tried by Spanish courts even if the acts happened outside Spain, and face prison sentences.
  • Victims of human trafficking: Those responsible can be prosecuted even if the operation is not completed.
  • Commercial courts (juzgados de lo mercantil): They recognize and enforce foreign judgments and rulings on matters within their jurisdiction.
  • Substitute and non-career court secretaries: They are granted seniority pay (trienios) for their years of service.
  • Civil servants caring for a dependent family member: They can request unpaid leave of up to three years.

Words worth knowing

Jurisdicción (jurisdiction)
The power of a country's courts to hear and judge specific acts.
Inmigración clandestina (clandestine immigration)
People entering a country secretly or without the required documents.
Excedencia (unpaid leave)
A situation where a civil servant temporarily stops working while keeping their position for a period of time.
Trienios (seniority pay)
A pay supplement granted every three years of service.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced15 June 2007Someone registers the text in the Congreso.
  2. Admitted19 June 2007The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments22 June 2007Groups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary4 October 2007All 350 deputies vote.
  6. Senate18 October 2007The Senate can pass it, amend it or veto it.
  7. BOE6 November 2007It is published in the Official State Gazette (BOE) and comes into force.
See the 8 official steps on a timeline
Jun 2007Jul 2007Aug 2007Sept 2007Oct 200711. 15 June 2007: Presentación22. 19 June 2007: Comisión de Justicia Publicación desde 19/06/2007 hasta 22/06/200733. 19 June 2007: Calificación44. 22 June 2007: Comisión de Justicia Enmiendas desde 22/06/2007 hasta 02/10/200755. 2 October 2007: Pleno Enmiendas desde 02/10/2007 hasta 04/10/200766. 4 October 2007: Pleno Aprobación desde 04/10/2007 hasta 18/10/200777. 18 October 2007: Senado desde 18/10/2007 hasta 06/11/200788. 6 November 2007: Concluido - (Aprobado con modificaciones) desde 06/11/2007 hasta 11/12/2007

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?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Published in the BOE: Ley Orgánica 13/2007, of 19 November, for the extraterritorial prosecution of illegal trafficking or clandestine immigration of persons.

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.

Read the full method · Report an error