Spain: Administrative Court reiterates freedom of movement from Ceuta to mainland

Thursday, May 25, 2017

On 25 May 2017, the Administrative Court of Ceuta ruled that asylum seekers passing the admissibility phase of the asylum procedure have the right to freely move across the Spanish territory and to access the mainland. Asylum seekers who passed the admissibility phase must receive a relevant identity card valid throughout the whole Spanish territory and allowing the stay in the country. They should only be obliged to communicate any change of address to the authorities. Therefore, according to the Court, by not allowing the applicant to reach the Spanish mainland from Ceuta, the administration had violated his right to freedom of movement and residence, enshrined in Article 19 of the Spanish Constitution. This decision reaffirms previous jurisprudence on the issue.
Based on an unofficial translation by the ELENA Weekly Legal Update.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.



Freedom of movement (right to)