Castilla Juárez, K (2016) "Migración sine permissum en España: multa, expulsión y non bis in idem. Más allá de lo constitucionalmente admisible y acorde con la normativa europea." Revista de Derecho Migratorio y Extranjería 42 Mayo - Agosto 2016, ISSN 1695-3509

(Article published in Spanish)

ABSTRACT:

Legal systems governing migration and immigration are increasingly complex, especially in the framework of the European Union at the confluence of national systems of each Member State and the common European system. If to that we add the interpretations that make end organs such as the Spanish Constitutional Court or the Court of Justice of the European Union, the legal framework is not always easy to follow and provides certainty regarding the authorized and unauthorized or chord or not with the national constitutional system and European regulatory system. Currently, one of those complexities and uncertainties are presented in Spain as against unauthorized migration, application of a fine or expulsion is permitted. Legal answer, according to the regulatory parameter from which it is observed, is listed as compatible or not with each of these regulatory systems. So in this article, we analyze, describe, debate and provides a possible solution to the current legal problem.

KEYWORDS: Penalty fee - Expulsion - Return Directive - Alienage Law - TC - TJUE