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