The change from country of emigration to country of immigration ahs begun for Spain from the 1980s and 1990s, but until a few years ago the phenomenon and its consequences has remained a matter debated in relatively restricted circles. In the last few years it has become a mater of public concern and debate.

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The change from country of emigration to country of immigration ahs begun for Spain from the 1980s and 1990s, but until a few years ago the phenomenon and its consequences has remained a matter debated in relatively restricted circles. In the last few years it has become a mater of public concern and debate. Thus, although the key Alien’s law in force since the end of the Franco regime, was 1985’s law, passed prior to accession to the EU, a real debate and politicization of the issue has been centered around the reform which has been concluded by the enactment of laws 4/2000 and 8/2000. While this change has been marked also by a rise in xenophobia and hostility towards immigrants at the same time it has coincided with a less arbitrary and "hidden" approach by government to handling the issue and related issues.

The 1990s begun with a process of regularization of existing illegal migrants which highlighted the presence in Spain of larger numbers of migrant than it had been imagined previously. Also it brought to light the need to broaden the range of tools available to public and private bodies which came to work directly or indirectly in contact with and on immigration issues, by dealing, not just with issues relating to entry and conditions of residency, but also with issues relating to social integration, access to basic services etc.

The result of this process was first Law 4/2000 ("Rights and freedoms of foreigners in Spain and their social integration"), immediately thereafter amended by Law 8/2000 has led not just to an important change to the rules and policies of immigration, but also to the creation of a good proportion of the administrative bodies which are mandated to deal with immigration. One of the important innovations of this law has been the introduction of quotas, which determine who and when can obtain a work permit.

Also in the same year an important agreement was entered into by Spain with Ecuador, one of the main migrant exporting country to Spain. Amongst other issues, the agreement aimed at finding a solution to the issue of the position of seasonal workers, thus allowing them to come to Spain regularly without being compelled, in order not to be excluded from their source of incoming, to move completely to Spain.

From a demographic and employment policy point of view, although the numbers of immigrants are relatively low, a diffuse perception exists that the arrival of migrants, far form filling in shortages in labor have contributed in lowering wages especially amongst working classes. Overall however numbers of non-EU migrants are relatively low compared to other EU countries. In 2002 about 461,000 non-EU and non-EEA migrants were living in Spain with regular work permits. This, as well as the stronger visibility that the issue has achieved in public discourse and opinion also has led to disturbing episodes of racism and xenophobia, often inadequately challenged by the authorities, or at times compounded by episodes of ill-treatment of migrants and illegal migrants by security forces.

Finally, it has to be mentioned Spain’s accession to the Schengen area and the process of adaptation of Spain’s legislation to EU’s standards

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

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