Les expulsions administratives: estada irregular a l’Estat Espanyol (Art. 53.1.a LOEX)

Cifre Serra, Maria
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This Final Degree Project aims to gain an in-depth understanding of the reality of the administrative sanction of expulsion of foreigners for irregular stay in Spanish national territory (art. 53.1.a and 57.1 LOEX).. Thus, the objective of the project is to detail the legal regulation of this sanction and the functioning and action of the administration and the justice system in relation to this sanction. In this way, it starts from a more theoretical plan to go further and scrutinise the practice of administrative expulsions for illegal residence, from its initiation by the competent administration to its execution and arrival at the courts. Throughout the paper, the legislative, jurisprudential and material situation of administrative expulsions for the offence regulated in Article 53.1.a LOEX is set out. All of this is done through a review of the legislation and case law and the analysis of statistical data from the Transparency Portal as well as from the resolutions of appeals by the administrative court. Thus, an administrative sanction which is highly detrimental to the rights and freedoms of individuals will be introduced. This is a practice that is widely extended in European states through the Return Directive. This Directive has not been duly transcribed in Spain, which means that the imposition of this sanction opens the door to the administrative limbo of all those who receive an administrative expulsion order. In this way, this project exposes the complexity involved in expulsion sanctions from their initiation to their enforcement, including all the administrative and judicial processes that may arise. Thus, it gives visibility to all kinds of mismatches between legislation and administrative practice, between administrative practices themselves, between jurisprudence and administrative practice, between judicial practices themselves, etc ​
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