The situation of persons applying for international protection when they ask for access to work roots as a result of STS 103/2024 (contentious chamber), of January 24

Abstract

This paper focuses, first, on framing the basic regulatory framework on the right to asylum and subsidiary protection, two access routes that are based on the commitment to comply with the obligations derived basically from the Spanish Constitution, the Geneva Convention and its Protocol, the Charter of Fundamental Rights of the European Union and the Treaty on the Functioning of the European Union. Secondly, another access route is studied, such as work roots, which is an exceptional way of accessing a legal administrative situation, and the recent modification made by RD 629/2022, of July 26, which introduces new forms of accreditation of work roots, where it particularly focuses on access to this figure by a person requesting international protection to focus on the important STS (Contentious Chamber), of January 24, 2024 (Rec. 8727/2022), which specifies the special situation in which these people find themselves and the impossibility of being able to group their tolerance period in Spain for access to work roots.