03 2015 June

The Immigration Subcommittee prepares an argument to guide before the STJUE of April 23, 2015

The Immigration Subcommittee of the Consejo General of the Legal Profession has drawn up a argumentative on the interpretation of the judgment of April 23, 2015 of the CJEU in response to a question of prior pronouncement raised by the TSJ of the Basque Country. This sentence is of great relevance because it seems to disavow the doctrine of Tribunal Supremo on the preference of a fine, as a lower sanction, compared to the expulsion from the country with the prohibition of entry of a foreigner in an irregular situation.

At this time of jurisprudential confusion, the Subcommittee intends that with this argument it can be defended that the content of the STJUE of April 23 does not affect the current doctrine established by the Supreme Court and the Superior Courts of Justice for cases of mere irregular stay .