There is no standard within International Law that obligates EU Member States to allow foreign nationals into their country. For this reason we must turn to Immigration Law for regulations regarding the entry of foreigners in Spain. Except in special situations, there is a list of obligatory requirements that all foreigners must fulfil before entering the country. However, once the requirements are fulfilled, it is up to competent authorities to allow foreigners official entry into the country.
Article 12.4 of the International Covenant on Civil and Political Rights states the following: ¨No one shall be arbitrarily deprived of the right to enter his own country,¨. However, it does not make any reference to the entry of foreign nationals among the member states. This is not explicitly stated in the Convention for Protection of Human Rights and Fundamental Freedoms either, however, it is touched upon in the European Convention on Human Rights (ECHR) stating that each member state has the freedom to regulate the entry of foreigners. This is also reiterated by Spanish jurisprudence.
Immigrant entry regulation policy has become increasingly more important as a consequence of the increase of competent authorities being affected throughout the EU. Within this frame work we must consult the rules and regulations concerning the Schengen Area that cover the fundamental principles of the laws regarding the entry of member state nationals throughout the
European Union.
Translated by: Katherine Pascal
Immigrant entry regulation policy has become increasingly more important as a consequence of the increase of competent authorities being affected throughout the EU. Within this frame work we must consult the rules and regulations concerning the Schengen Area that cover the fundamental principles of the laws regarding the entry of member state nationals throughout the
European Union.
Translated by: Katherine Pascal
