JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following Organic Law:

PREAMBLE

Article 13 of the Constitution establishes that foreigners will enjoy in Spain the public freedoms guaranteed by their title I, in the terms established by the Treaties and the Law. That constitutional mandate is the first reason why a regulation is needed that will concretize its scope, to which the present Organic Law responds.

Our legal order has lacked, since the Royal Decree of 17 November 1852, a rule that, with a claim of generality, collects, formulates and synthesizes the principles to be reported by the situation of foreigners, in itself and in its most important aspects, and that it avoids the proliferation of provisions of different rank, which until now have been regulating this matter.

On these two premises, constitutional mandate and the need for a basic rule, this Law will undertake the task of establishing the applicable provisions, according to the declarations and recommendations on foreigners. formulated by the competent International Bodies in this field.

Within this perspective, the Law, throughout its entire article, highlights its concern to recognize foreigners as the maximum level of rights and freedoms, the exercise of which is practically equal to that of the Spanish citizens, and for whom the greatest legal guarantees are established, which certainly only yield to clearly defined public safety requirements.

Highlights the open pronouncement of the Law on the rights recognized in Title I of the Constitution, carried out in such a way that, on the one hand, it is expressed the affirmation of those whose exercise must be recognized, for being This is a clear guidelines for the other rights, which is an unprecedented commitment in our system and is, moreover, consistent with the aim of not leaving for the future. specific aspects of the foreign policy that should be considered fundamental.

In the interests of the principle of legal certainty, the Law is sometimes specified to go down to the examination of aspects which, in appearance, could be the subject of a subsequent regulatory consideration, but which, in fact, constitute really the scope of these freedoms. Issues such as entry, work, permanence and establishment, departure and expulsion require a treatment that will concretize and clarify the scope of the rights and duties of foreigners and the guarantees necessary for their effective exercise.

By making the legal guarantees concrete, the law introduces the need for judicial intervention in the review of certain resolutions that lead to the departure or expulsion of foreigners or that involve deprivation of liberty, fairly as a guarantee for this.

in close harmony with legal certainty, respect for the situations of the legality of foreigners is found, as a starting point, not only for the full exercise of rights and freedoms, which is mentioned before, but for a correct treatment of foreign nationals.

It is necessary to differentiate, with absolute clarity, the situations of legality of the illegality. For this reason, the Law ensures the full rights and guarantees for the exercise of foreign nationals who are legally in Spain. And at the same time, and in the prevention of the alterations that might occur, with respect to the social coexistence, by the presence of foreigners in non-legal terms in Spain, it develops the specific measures to prevent such situations.

The criterion of accommodation with international texts on the subject is explicit in the content of article 6. º, in relation to the rights of free residence and circulation that practically reproduces the text of the article 12 of the International Covenant on Civil and Political Rights of New York of 16 December 1966, ratified by Spain, by the instrument of 13 April 1977, since it is, of course, a configuration of the freedom of residence, which does not legal situation abroad, would allow any illegal stay to be protected.

The concern of the Law to combine respect for the rights and freedoms of foreigners with the proper treatment of immigration reaches one of its most significant points in the regulation of permanence. It includes both the stay and its extensions and the residence itself, the more stable character of which advises to consider the circumstances in order to be granted. The residence must be independent of the stay, so that it does not necessarily be configured as a previous step and it is not accepted, therefore, as a fait accompli the presence of the foreigners in our country as a means to access the condition of residents.

The Law also seeks to encourage the integration of foreigners into Spanish society.

If a law on foreign rights and freedoms is not an appropriate place to raise the issue of the acquisition of nationality, it is, on the other hand, to favour those assumptions in which a higher degree of nationality is presumed. adaptation to Spanish life.

Circumstances such as birth in Spain, kinship or length of stay deserve preferential consideration for obtaining permits in respect of other situations of more casual aliens.

Within this line, the concern of the Law for preferential treatment in favor of Ibero-Americans, Portuguese, Filipino, Andorran, Equatoguineans, Sephardies and the original of the city of Gibraltar, due to the alleged identity or cultural affinity, which make them creditors to this consideration.

Finally, it includes the Law, within the special regimes, to the stateless persons, who are given a legal treatment according to the exceptional nature of this situation and with the guarantees that their recognition requires.

PRELIMINARY TITLE

General provisions

Article first.

It is considered foreign, for the purposes of applying this Law, to those who lack the Spanish nationality.

Article 2.

Excluded from the scope of this Act:

(a) The Diplomatic Agents and Consular Officers accredited in Spain, as well as the other members of the permanent or special diplomatic missions and the consular offices and their family members who, by virtue of the rules of international law, are exempt from the obligations relating to their registration as foreigners and to the obtaining of the residence permit.

(b) Representatives and Delegates, as well as other members and their family members, of permanent missions or delegations to international intergovernmental organizations based in Spain or in conferences International to be held in Spain.

(c) Officials in International Intergovernmental Organizations based in Spain, as well as their family members, to whom the Treaties in which Spain is a party exempt from the obligations referred to in the paragraph a) of this article.

Third item.

The provisions of this Law shall in any event be without prejudice to the provisions of the special laws and international treaties in which Spain is a party.

TITLE FIRST

Rights and freedoms of foreigners

Article 4.

1. Foreigners shall enjoy in Spain the rights and freedoms recognized in Title I of the Constitution, in the terms laid down in this Law and in which they regulate the exercise of each of them.

2. Foreigners who, by their residence or interest, relate to Spain must meet the identification requirements to be determined and shall be subject to the duties, obligations and charges imposed by the legal system, with the exception of those that correspond exclusively to the Spanish.

Article 5.

1. Foreigners shall not be entitled to the political rights of active or passive suffrage or to the performance of public office or to exercise authority.

2. By way of derogation from the above paragraph, the right to vote in municipal elections for foreign residents may be recognised on the terms and conditions which, on the basis of criteria of reciprocity, are established by treaty or by law for Spaniards residing in the countries of origin of those.

3. Also, foreigners will be able to access the performance of activities of a teaching or scientific research, in accordance with the provisions in force.

Article 6.

Foreigners who are legally in Spanish territory will have the right to freely circulate by him and to freely choose their residence, without any limitations other than those provided for in the laws and the public security, which may be provided by the Ministry of the Interior, on an individual basis, and which may consist only of measures:

(a) Regular submission to the competent authorities.

b) The removal of specific concretized border or population cores.

c) Mandatory residence in a given place.

Item seventh.

Foreigners will be able to exercise the right of assembly, in accordance with the provisions of the rules that regulate them, provided that they are legally in Spanish territory. In order to promote the holding of public meetings in closed premises or in places of public transit, as well as demonstrations, foreigners must have the legal status of residents and ask the competent authority for their authorization, the which may prohibit them if they are harmful to the national security or interests, public order, public health or morals or the rights and freedoms of the Spanish.

Article 8.

1. Foreigners who are legally in Spain will be able to exercise the right of association according to the laws that regulate it.

2. The Council of Ministers, acting on a proposal from the Minister of the Interior, after the Foreign Affairs report, may agree to suspend the activities of the associations promoted and integrated mainly by foreigners, for a period of time. more than six months, when they seriously undermine national security or interests, public order, public health or public morality or the rights and freedoms of Spaniards.

3. The dissolution of the associations shall be the responsibility of the Judicial Authority, where appropriate, for the proceedings of the ordinary lower-level judgment. The Judge may also agree, as a precautionary measure, to suspend the activities of the same.

Article ninth.

Foreigners are recognized legally in national territory for the right to education and freedom of education, as well as the right to the creation and management of educational institutions, in accordance with the provisions of the the provisions in force and taking into account the principle of reciprocity.

Article ten.

Foreign workers are recognized as legally in Spain the right to freely join the Spanish trade union or organization of their choice and the right to strike, which they will exercise in the same way. conditions for Spanish workers, in accordance with the provisions of the respective regulatory laws.

TITLE II

Foreign entry and situations regime

CHAPTER FIRST

Input Regime

Item eleven.

1. Without prejudice to the provisions of the Law governing the states of alarm, exception and site, foreigners may enter the Spanish territory, provided that they are provided with the required documentation and sufficient financial means, in the Terms provided for in regulation, and are not subject to express prohibitions.

2. In the access posts they must be subject to medical examinations and to the measures and controls required by the Spanish health services, for reasons of public health, in the form and with the guarantees laid down in the Treaties. International, in which Spain is a part, and in the provisions in force.

3. The entry into the national territory shall be carried out by the posts authorised for that purpose and under the control of the relevant police services, which may reject the person who does not meet the requirements referred to in paragraph 1 of this Article. Article.

4. Any form of entry into the national territory in which the circumstances described are not present shall be deemed to be unlawful except as provided for in the following Article 4 (4

.

5. Access posts may be closed temporarily or indefinitely by the Government, on a proposal from the Ministry of the Interior, and, where appropriate, from the Ministry of Defence, when circumstances are met.

Article twelve.

1. A foreigner intending to enter Spain shall be provided with a passport or a travel title in force or another document certifying his or her identity and which he considers valid for that purpose, under the International Conventions in which Spain is part.

2. The passports and travel certificates of foreigners intending to enter Spanish territory must be provided with the corresponding visa, except as provided in the domestic laws or in International Treaties in which Spain is a party.

3. The visa will be issued by the diplomatic representations and consular offices of Spain and enables the foreigner to present himself at a Spanish border post and request his entry.

The interest of the Spanish State and its nationals will be taken into account in the granting of the visa, in accordance with the terms laid down in regulation. The refusal will not need to be motivated.

4. The Ministry of the Interior may authorise the entry, transit or stay in Spanish territory of foreigners with defective documentation or even without it, or who have not entered through the posts authorized for this purpose, provided that sufficient cause, the precise precautionary measures could be taken in such cases. They may also be adopted in the case of transit foreigners, even if they have regular documentation.

CHAPTER II

Situations

Article thirteen.

1. Foreigners can be found in Spain in one of the following situations:

(a) Stay, which may not exceed 90 days, unless, before the end of that period, it obtains an extension of stay or residence permit.

b) Residence, which involves obtaining a permit, which may be extended at the request of the person concerned, if there are similar circumstances to which they were granted. The maximum validity of the permits and their carryovers shall not exceed five years, except in cases of special clearance, under conditions to be determined in accordance with the rules.

2. The residence of the foreigners will be authorized by the Ministry of the Interior, attended the concurrent circumstances in each case, taking into account the existence or absence of criminal records of the applicant and if available in Spain sufficient means of life for the period of time requested. Residence permits shall be entered in a special register and shall be numbered, in the form that is determined by law. If validity is conditional, in any case, to the possession of a valid passport or document in force. Where it is intended to reside in Spain, through the development of a gainful, employment or professional activity, the granting of the residence permit shall also be governed by the provisions of Title III.

3. The residence permit may be granted to persons under the age of 18 and to the disabled. It may also be included in the permit for the person under whose guardian they are, if they so request.

4. Only persons covered by a residence permit shall be considered as resident foreigners.

Article fourteen.

Foreigners with residence permits will be obliged to inform the Ministry of the Interior of changes of nationality and domicile, as well as, where appropriate, changes in their employment status. Likewise, and as long as they are required by the competent Audiences, they shall communicate to them the modifications of all the determining circumstances of their situation, in accordance with the provisions of the laws.

TITLE III

Job and establishment

Article fifteen.

1. Foreigners over the age of 16 who wish to establish residence in Spain to pursue any gainful, employment or professional activity, on their own or in employment, shall obtain, at the same time as the residence permit, that issues the Ministry of the Interior, the work permit, which will be awarded to the Ministry of Labour and Social Security and will have a maximum duration of five years.

2. Both permits shall be of the same duration and shall be issued in a unified document, the procurement of which and, where appropriate, renewal shall also be subject to a single procedure to be determined in accordance with the rules.

3. Work permits may be limited to a given territory, sector or activity, or to a particular undertaking, as determined by regulation.

4. For work of less than 90 days, whether or not qualifying as seasonal, the granting of the work permit shall not require that of the residence permit, but its validity shall be conditional, in any case, to the legal stay of the residence permit. holder in Spain.

Article sixteen.

In addition to the persons mentioned in the second article of this Law, except for the obligation to provide the work permit, for the exercise of the activities that motivates the exception:

a) Foreign technicians and scientists invited or hired by the State.

b) Foreign teachers invited or hired by a Spanish university.

c) The management staff and the foreign faculty, cultural institutions and teachers dependent on other states, or private ones, of accredited prestige, officially recognized by Spain, that develop in our country cultural programmes and teachers from their respective countries, as long as they limit their activity to the implementation of such programmes.

(d) Civil or military officials of foreign State Administrations, not referred to in the second article, who come to Spain to carry out activities under cooperation agreements with the Administration

e) Foreign social media correspondents, duly accredited, for the exercise of information activity.

(f) Members of international scientific missions carrying out work and research in Spain, authorised by the State.

g) Ministers, religious or representatives of the different Churches and Confessions, duly registered in the Registry of Religious Entities, as long as they limit their activity to strictly religious functions.

h) Artists who come to Spain to perform specific actions that do not involve a continuous activity.

i) Persons originating in the city of Gibraltar who intend to carry out a gainful, employment or professional activity on their own.

Article seventeen.

1. The granting of the work permit shall be conditional, in the case of employed persons, on the applicant's present contract of work in writing or on the basis of the formal commitment to affixing by the undertaking. You intend to use it.

2. Where the alien intends to work for his or her own account or is employed, exercising a profession for which a special qualification is required, the granting of the permit shall be conditional upon the holding and, where appropriate, type-approval of the corresponding title. It will also be conditional upon the collegial, if the laws so require.

3. If the foreigner intends to work for his own account, as a trader, industrial, farmer or artisan, for the purpose of obtaining the work permit, he must prove that he has applied for the authorizations required by the legislation in force. to nationals, for the installation, opening and operation of the intended activity. The refusal of such authorisations or the cessation of the activity for which they are obtained will determine the expiry of the work permit.

Article eighteen.

1. For the granting and renewal of the work permit, the following circumstances shall be assessed:

(a) The existence of unemployed Spanish workers in the activity proposed by the applicant.

b) The shortage or shortage of Spanish labour in the activity or profession and geographical area in which it is intended to work.

c) The reciprocity regime in the country of origin of the foreigner.

2. When the permit is to work on its own account, the fact that its concession involves the creation of new jobs for Spaniards or means the investment or contribution of goods that are likely to promote the national employment or to improve the conditions under which it is provided.

3. They shall have a preference for obtaining and, where appropriate, renewal of the permit for work by foreigners who are accredited in any of the following cases:

a) That they were born and legally located in Spain.

b) That they are married to Spanish or Spanish and are not separated in fact or in law.

c) Who have their ascending office or descendants of Spanish nationality.

d) That they have had the Spanish nationality of origin and wish to reside in Spain.

e) That they are descendants of foreigners who, having had Spanish nationality, reside in Spain.

f) For Ibero-Americans, Portuguese, Filipino, Andorran, Equatoguineans or Sephardies.

g) Persons originating in the city of Gibraltar, in respect of gainful, employment or professional activities, as an employed person.

h) That they are linked by first-degree kinship to the employer who contracts them.

i) That is to be trusted jobs, understanding for such:

-Those of those who legally exercise company representation.

-Those of those people whose favor would have extended a general power.

j) Who are resident in Spain for the last five years.

k) That is the spouse or child of a foreigner who has a work permit.

l) In the case of the holder of a work permit to be renewed, except in the case of seasonal or short term work.

ll) Those performing assembly or repair work of imported machinery or equipment.

m) The workers required for the assembly and commissioning of a foreign company that is wholly or partly transferred to Spain.

4. They will also have a preference for the renewal of the work permit for one year for those who have been granted asylum and who have lost their status as a result of changing political circumstances in their country of origin. source.

Article nineteen.

1. The work permits shall be renewed, provided that the same circumstances as determined by the first or previous concession remain. When these vary, a new expedition must be requested.

2. Where the holders of a work permit are unable to obtain their renewal, or if they are refused, they shall, if they wish to remain in Spain, apply for the corresponding residence permit in accordance with Article 13 of the This Act.

3. The time limits for the work permits and their renewals, as well as the scope of the preferences to be granted as set out in the previous article, will be determined.

TITLE IV

Outputs from the Spanish territory

Article twenty.

The exits of the Spanish territory may be carried out voluntarily-except in the cases of prohibition, provided for in this Law-or compulsorily, in the cases of expulsion and return regulated in Articles 26 and 36.

Item twenty-one.

1. The exits must be carried out by any of the posts that have been enabled for entry, and upon display of one of the documents referred to in paragraph 1 of Article 12 of this Law.

2. When a foreigner is faced with a procedure for less serious crimes, which is understood by those who are punished in our legal order with a penalty equal to or less than a lesser prison, the Judge may authorize, after hearing the Prosecutor, his departure from Spain, provided that the requirements laid down in the Law on Criminal Procedure are met, or his expulsion, if this course is in any of the cases of Article 26.1.

If the alien is convicted of a less serious crime and in a firm sentence, the Judge or Court may, after hearing the case, agree to expel him from the national territory as a substitute for the penalties applicable to him, ensuring in any event the satisfaction of the civil responsibilities to which it has taken place, all without prejudice to compliance, if it returns to Spain, the penalty imposed on it.

3. For the effectiveness of the provisions of the preceding paragraphs, the judicial authorities shall communicate the exit authorisations and the expulsions to the competent services of the Ministry of the Interior.

4. Exceptionally, by means of a reasoned decision of the Minister of the Interior, the departure from abroad may be prevented if this measure is necessary to protect national security, public order or public health and the rights and freedoms of the

TITLE V

Special Regimes

Article 22.

1. The foreigner who is present at the Ministry of the Interior, stating that, because they lack nationality or any other insurmountable cause, cannot be documented by the Authorities of any country and that they want to be documented in Spain, after the use of the relevant information, may exceptionally obtain in the terms that the regulations are determined an identification document that accredits its registration in the related dependencies and that it authorizes remain, for as long as it is pointed out, or leave the Spanish territory. In any event, the requested documentation shall be refused, where the petitioner is in breach of any of the cases referred to in Article 26.

2. Foreign nationals who have obtained such registration may, for the time indicated, urge the granting of work permits under the same conditions as other foreigners.

3. Those wishing to travel abroad will be provided with a travel title.

4. The legal status of foreign nationals residing in Spain referred to in this Title shall not be subject to restrictions on the application of the principle of reciprocity.

5. Except as provided for in the preceding paragraphs, the aliens referred to in this Title shall be subject to the general legal regime established for foreigners in this Law.

Article twenty-three.

Ibero-American nationals, Portuguese, Filipino, Andorran, Equatorial Guinea, Sephardies and persons originating in the City of Gibraltar, when they intend to carry out a gainful, employment or professional activity, on behalf of Others shall have the preference to work in Spain, on other foreigners, as provided for in Article 18.3, and shall not be obliged to pay the corresponding fees for the issue of work permits.

Article 24.

It will have the consideration of a foreign student whose coming to Spain has as its sole or principal purpose the cursar or to extend studies or to carry out research or training, not paid labor, in any officially recognised public and private Spanish teachers or scientists. Regulations will determine the modalities of their stay in our country.

TITLE VI

Violations and penalties

Article 25.

1. The exercise of the power of sanction for the failure to comply with the obligations imposed by this Law shall be in accordance with the provisions of the following Articles and the provisions that develop them.

2. They shall in any event have the consideration of infringements, the omission of the application for residence and work permits or of their renewals and the lack of communication relating to changes in the circumstances which led to their granting or which essentially alter the personal situation of foreigners in Spain.

3. Likewise, the actions and omissions of persons or entities that promote, mediate or protect the illegal situation of foreigners in our country or facilitate the non-compliance of any of the persons shall be considered as violations of this Law. obligations which are set out in the provisions in force.

Article twenty-six.

1. Foreign nationals may be expelled from Spain, by resolution of the Director of State Security, when they incur any of the following cases:

(a) To be illegally found on Spanish territory, for not having obtained the extension of stay or, where applicable, the residence permit, when they were due.

b) Not having obtained work permit and finding work, even if they have valid residence permit.

c) Being involved in activities contrary to public order or the internal or external security of the State or any kind of activities contrary to Spanish interests or which may impair the relations of the Spain with other countries.

d) You have been convicted, in or out of Spain, for a wilful conduct that constitutes in our country a crime punishable by a custodial sentence of more than one year, unless your criminal record has been cancelled.

e) Incur undue delay or concealment or gross falsehood in the obligation to bring to the attention of the Ministry of the Interior the circumstances regarding their situation, in accordance with Article 14.

f) Careing lawful means of living, begging or developing illegal activities.

2. In the cases referred to in paragraphs (a), (c) and (f) of the preceding number, the detention of a foreigner may be carried out on a precautionary or precautionary basis while the dossier is being carried out.

The governmental authority that agrees to this arrest will be directed to the Judge of Instruction of the place where the foreigner would have been detained, within the period of seventy-two hours, interested in the internment at his disposal in centers of detention or in premises which do not have a penitentiary. The respective Consulate or Embassy and the Ministry of Foreign Affairs will be given such a measure. Detention shall not be extended for longer than is necessary for the practice of expulsion, without exceeding 40 days.

3. In the case of foreign nationals who are subject to expulsion files, in the course of instruction or execution, to which they have been instructed by the commission of offences committed after the opening of these files, the Judge will agree on your personal situation as provided for in the Criminal Procedure Act. If the provisional release of the alien is agreed, the Judge or Court may authorise his expulsion, in the case of less serious crimes, in accordance with the circumstances of the case, in accordance with the provisions of Article 21.2 of this Law.

4. The opening and resolution of the expulsion files of foreigners shall be communicated in due time, in any case, to the Ministry of Foreign Affairs and the Consulate of the respective country.

Article twenty-seven.

1. Infringements of the provisions of this Law, the sanction of which is not specifically attributed to other Departments and, in particular, those affecting the entry regime, situations and departure of foreigners may be sanctioned by the Ministry of Foreign Affairs. of the Interior with a fine of up to 2,000,000 pesetas.

2. In order to determine the amount of the fine, particular account shall be taken of the economic capacity and the degree of willingness of the infringer, as well as whether or not it is a repeat offender.

3. Infringements which, in accordance with the provisions of Article 26 of this Law, result in the expulsion of foreign nationals may not be subject to financial penalty.

Article twenty-eight.

1. Employers who use foreign workers, without having obtained the corresponding work permit on a prior basis, shall incur an infringement for each of the foreign workers they have occupied. Infringements shall, in any event, be classified as very serious and shall be punishable under Article 57 of Law 8/1980 of 10 March of the Staff Regulations.

2. Failure to comply with the applicable rules according to the respective activity, as provided for in Article 17.3, shall be sanctioned by the competent Ministers or bodies, in accordance with their specific legislation.

TITLE VII

Warranties and legal status

Article twenty-nine.

1. Foreigners will enjoy the protection and guarantees established in the Constitution and laws in Spain.

2. Government decisions adopted in relation to foreigners shall be issued and notified in accordance with the requirements laid down in the Law on Administrative Procedure and, in any case, with an audience of the person concerned, in the form that provide the following items.

3. By way of derogation from the above paragraph, it shall not be necessary for the imposition of sanctions arrangements to specify those circumstances whose knowledge jeopardises the internal or external security of the State.

Article thirty.

1. The processing of removal files, in the cases referred to in Article 26 (1) (a), (c) and (f), shall be of a preferential nature.

2. Where the opportunity to decide on expulsion is deducted from the investigations carried out, the reasoned and written proposal shall be transferred to the person concerned, in order to ensure that he or she considers appropriate within the period of 48 hours. In the cases where the preventive detention of the foreigner has been carried out, he shall be entitled to legal assistance which shall be provided to him, if necessary, and to be assisted by interpreter, if he does not understand or speak Spanish, and free of charge in the event that it lacked economic means.

3. The execution of the eject order in these assumptions will be done immediately.

Article thirty-one.

1. The other sanctioning files shall be followed by the conduct of the investigations and the practice of the evidence deemed necessary, ex officio or at the request of a party.

2. After the probative period, the interested party shall be granted a hearing, in accordance with the Law of Administrative Procedure.

3. If the hearing is processed, a motion for a resolution shall be made.

Article thirty-two.

They shall not suspend the processing of the expulsion files or the execution of the resolutions which, in any of the cases referred to in Article 26, have the same responsibility for asylum applications which have not been submitted, The Court of First Instance held that, before the opening of the said files, it had been informed, except in the case referred to in the second paragraph of Article 4 (1) of Law 5/1984, of 26 March, on the law of asylum and of the Refugee, or in the event that asylum applications are based on supporting causes produced after the opening of the opening.

Article thirty-three.

1. Foreigners who are the subject of an expulsion order shall be obliged to leave the Spanish territory within the period laid down in that order, which may not be less than seventy-two hours. In the event of non-compliance, detention and driving shall be carried out to the place of departure for which the expulsion is to be effective. All without prejudice to the provisions of Article 34.

2. The execution of the expulsion order, both in the case of summary proceedings and ordinary procedures, shall be carried out at the expense of the expelled foreigner if he or she has economic means. Otherwise, it shall be communicated to the diplomatic or consular representative of his country for the appropriate purposes.

Article thirty-four.

Administrative resolutions adopted in relation to foreigners shall be subject to the provisions of the laws. In no case shall the suspension of administrative decisions adopted in accordance with this Law be agreed upon.

Article thirty-five.

In any case, the foreign national may bring the proceedings, either administrative or judicial. The appeal may be made in accordance with the common rules or with the relevant diplomatic or consular representations, who shall then forward it to the competent body. He may have recourse through the Consul of the nation itself, which shall then be held by a recurring representative.

Article thirty-six.

1. Any expulsion shall entail the prohibition of entry into Spanish territory for a minimum period of three years.

2. No expulsion file will be required for the return, by order of the civil governor of the province, of the foreigners who, having been expelled, contravene the prohibition of entry into Spain, nor for those who have entered illegally in the country, except in the case referred to in Article 4 (1) of Law 5/1984 of 26 March on the Law of Asylum and the Condition of Refugees.

3. The instruction and resolution of the expulsion files shall be of an individual nature, and the expulsion of foreigners with a collective character cannot therefore be agreed.

ADDITIONAL PROVISIONS

First.

The Government is authorised to update the maximum amount of fines which may be imposed in order to punish infringements committed against the provisions of this Law, taking into account variations in the price index. for consumption.

Second.

1. Notwithstanding the provisions of this Law, Andorran citizens shall have the same rights and obligations as Spaniards in order to pursue their profession or trade in Spain, provided that the academic qualifications required for such training exercise would have been issued as a result of studies conducted in schools in the Spanish education system.

2. The Government is authorised to lay down the conditions and conditions under which Andorran citizens may provide services in areas of Spanish public function located in the territory of Andorra.

TRANSIENT PROVISIONS

First.

Residence and work permits, issued prior to the entry into force of this Law, shall remain in force during the periods for which they have been granted.

Second.

The situation of foreigners who are in Spain insufficiently documented, on the date of entry into force of this Law, may be regularized, except that they have incurred causes of expulsion provided for in the (c), (d) and (f) of Article 26.1, provided that the foreign nationals or employers, where appropriate, so request, provide the necessary documentation, within three months, to be counted from the date indicated.

Third.

Those workers who, by their nationality, are exempt from the obligation to obtain work permits under the legislation prior to this Law, will have six months from the entry into force of this Law. regularise their situation.

FINAL PROVISIONS

First.

The Government will dictate the Rules of Procedure for the implementation of this Law, thereby governing, in the meantime, the provisions on the matter that do not conflict with the provisions of this Law.

Second.

They have the character of Organic Law the precepts that are contained in Titles I, VI and VII and in articles 11.1, 2, 3 and 4; 13.2 and 3; 15.1 and 3; 22.2 and 3, as well as the present Final Disposition.

REPEAL PROVISION

Law 118/1969, of December 30; Law 58/1980 of 15 November, and all provisions of equal or lower rank, are hereby repealed.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Organic Law.

Palacio de la Zarzuela, Madrid, 1 July 1985.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ