The Spanish Government approves the Asylum Act and the reform of the Aliens Act following the migration crisis in Ceuta
The texts have a "guarantee approach" and respect for the human rights of migrants, as well as an adaptation of the Spanish legal framework to the European Treaty on Migration and Asylum.
The Council of Ministers has approved in the first round the preliminary draft amendments to the Asylum and Aliens Act to bring Spanish legislation into line with the European Treaty on Migration and Asylum adopted in 2024.
These texts, adopted after the migration crisis in Ceuta at the end of July, aim to createa"more agile, efficient, orderly and guarantorprotection system "to respond to the new migration reality without diminishing the guarantees of applicants and beneficiaries.
Among the new developments in the Asylum Act, the Minister of the Interior, Fernando Grande-Marlaska, has highlighted the updating of the definitions of international protection, refugee status and subsidiary protection .
What is the new boundary procedure?
The Act shall establish three avenues for the processing ofapplications for international protection: the ordinary examination procedure,the accelerated review procedure , which shall be resolved within three months , and the new border procedure.
The latter, provided for in European legislation and mandatory incertain cases, must be resolved within a maximum of 12 weeks , during which time the applicant will be available to the Spanish authorities.
According to Marlaska, this measure is a precautionary measure that will be applied before formal entry into the country is authorized, and in the event that the request for international protection is denied, it will facilitate its return.
What's triage?
The reform of the Aliens Act will introduce triagefigure for persons arriving in Spain without passing border controls, including medical examination, vulnerability assessment, identification, biometric data collection, security inspection and referral to the relevant procedure in each case.
Although the European regulation allows this process to continue for up to seven days, Spain will set aperiod of 72 hours , which can only be extended by a court decision, in order to limit the stay of the foreigner in police facilities to the minimum necessary.
The reform also includes the mechanisms of the European Treaty to deal with cases of persons who are not entitled to international protection and who have arrived unlawfully within a maximum of 12 weeks.
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