Spain was one of the signatory countries parties to the Schengen agreement, which eliminates border controls for EU citizens and established a single European space.

Spain is however in a difficult position regarding control at borders with non EU countries because of its geographical position, being a peninsula, and because of the Canary Islands and the Spanish cities of Ceuta and Melilla on the Moroccan territory.

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Spain was one of the signatory countries parties to the Schengen agreement, which eliminates border controls for EU citizens and established a single European space.

Spain is however in a difficult position regarding control at borders with non EU countries because of its geographical position, being a peninsula, and because of the Canary Islands and the Spanish cities of Ceuta and Melilla on the Moroccan territory. They are the places in which Spain registers the most problematic situation also with asylum seekers and refugees.

Law 8/2000, which amends Law 4/000 on the rights and freedoms of foreigners is a clear effort of the Spanish government to reinforce police controls over borders, struggle at the borders against illegal immigration, an effort to tighten up rules about expulsion, devolución and repatriation of immigrants found within State territory without requested legal titles to stay in Spain. The Spanish National Police, within the Ministry of Interior, plays an important role in the implementation and interpretation of the law on migrants as they have the responsibility of co-ordinating the whole situation of foreigners in Spain, including expulsions, detention etc.. Civil servants, primarily police officers, are responsible for implementing the law in their particular localities, while the Ministry of Interior has responsibility for overseeing the process throughout Spain.

In the sphere of the relationship between migrants and administration, however,  Law 8/2000 weakens their rights and the legal guarantees. Article 20.2, for instance, states that all prosecutions regarding foreigner legislation will respect the principles of publicity about norms, contradictions, trials of the concerned person and motivations of the decisions. However, at the end of the same article is specified that also visas are included in this system, and according to article 27.4 it is necessary to clear the motivation of the denial of a visa only when the petition appeals to family reunion  or dependent work. Not knowing the reasons of a decision weakens the migrant's possibility to defence and makes his/her position more difficult.

Some observers note in it a contradiction to what the Spanish Constitution states in article 106.1 which regulates the juridical control of administration.

According to reports made non governmental organisations, the treatment received by migrants arriving in Spain varies widely, depending to a great extent on their point of entry or place of detention rather than the merits of their individual cases. These disparities in treatment have emerged in large part because the law vests significant authority in certain officials who exercise it without the assistance of clear implementing guidelines or co-ordinating mechanisms. From cosmopolitan cities, such as Barcelona, Madrid, and Málaga, to small coastal towns along the Andalucian coast, the Spanish cities of Ceuta and Melilla, and the Canary Islands, they have documented certain lack of knowledge among officials, police, lawyers, and others working with migrants about the requirements of Law 8/2000 and its implementation. The Refugee Status and the Right to Asylum are regulated in Spanish Law 9/1994, May 19, and amending Law 5/1984, March 26.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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