The family members of Spanish nationals and the new Immigration Regulation (Royal Decree 1155/2024)

Abstract

There is no doubt about the current scientific, legal and social interest in analysing regulatory changes affecting the sphere of human rights enshrined in Article 8 of the European Convention on Human Rights (ECHR) and Article 7 of the Charter of Fundamental Rights of the European Union (CFREU), in relation to Articles 14, 18, 19, 32 and 39 of the Spanish Constitution (CE). All of this is closely related to the entry into force of Royal Decree 1155/2024, as it is considered thatmit may create a difference in equality between Spanish citizens who have not exercised their right of movement and other European citizens, as well as as between Spaniards themselves, depending on whether or not they undergo the cumbersome process of applying for a visa, depending on the country of origin of the family member with whom they intend to join or regroup. The assessment presented here of this regulation and the possible violations of human rights and fundamental rights is based on the case law of the Constitutional Court, the case law of the European Court of Human Rights and that of the Court of Justice of the European Union, with regard to the interpretation of Articles 7, 8, 20 and 21 of the Treaty on the Functioning of the European Union and Directive 38/04/EC. Without forgetting that since 2004 the Supreme Court has pointed out that the extension of the Community regime to the relatives of Spanish citizens requires equal treatment under Article 14 of the Constitution in conjunction with the provisions of Article 19.