{"id":566,"date":"2023-04-03T18:16:20","date_gmt":"2023-04-03T16:16:20","guid":{"rendered":"https:\/\/blog.uchceu.es\/rule-of-law-crisis-eu\/?p=566"},"modified":"2023-04-03T19:10:53","modified_gmt":"2023-04-03T17:10:53","slug":"chapter-i-the-rule-of-law-and-access-to-the-right-of-asylum-the-case-of-spain-and-morocco","status":"publish","type":"post","link":"https:\/\/blog.uchceu.es\/rule-of-law-crisis-eu\/en\/chapter-i-the-rule-of-law-and-access-to-the-right-of-asylum-the-case-of-spain-and-morocco\/","title":{"rendered":"Chapter I: The Rule of Law and Access to the Right of Asylum: The Case of Spain and Morocco"},"content":{"rendered":"\n

Our colleague Nuria Hern\u00e1ndez Garc\u00eda has attended the XX Congress of the Asociaci\u00f3n de Constitucionalistas de Espa\u00f1a (ACE) organized by the University of Extremadura<\/mark><\/a> and held at the San Francisco Cultural Complex (C\u00e1ceres).<\/strong><\/p>\n\n\n\n

This publication consists of the first of three chapters to be published on the communications made by our colleagues attending the XX Congress of the<\/strong> Asociaci\u00f3n de Constitucionalistas de Espa\u00f1a<\/strong><\/mark><\/a> <\/a><\/mark><\/strong>(ACE)<\/strong><\/mark><\/a>, Nuria Hern\u00e1ndez Garc\u00eda<\/strong>, Susana Sanz Caballero<\/strong>, Marta P\u00e9rez Gabald\u00f3n <\/strong>and Joaqu\u00edn Marco Marco<\/strong>, which deal with the Rule of Law<\/mark><\/strong>.<\/p>\n\n\n

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From left to right. Susana Sanz, Marta P\u00e9rez and Nuria Hern\u00e1ndez<\/em><\/figcaption><\/figure>\n<\/div>\n\n\n

Nuria Hern\u00e1ndez<\/strong> has participated in Roundtable 1: Rule of Law and Fundamental Rights<\/strong> in which she has presented her paper “The Rule of Law and Access to the Right of Asylum: the case of Spain and Morocco<\/strong>.”<\/p>\n\n\n\n

In this work our colleague has started from the interconnection and interdependence that exists between the concepts of Rule of Law, Human Rights and Democracy<\/strong> to later delve into the relationship between Rule of Law and fundamental rights. Specifically, she has focused on the right to asylum<\/strong> understood in relation to the elements of national security <\/strong>and legitimate interest that States have to protect their borders. For this reason, she has used two case studies, first, access to the right to asylum in Spain <\/strong>and, secondly, the case of Morocco <\/strong>to determine how the externalization of borders can affect access to asylum and can create a dilemma between the right to asylum and the Rule of Law<\/strong>.<\/p>\n\n\n\n

1.<\/mark>Rule of Law and Fundamental Rights: the right to asylum<\/strong><\/p>\n\n\n\n

Firstly, Nuria Hern\u00e1ndez<\/strong> has explained how the Rule of Law is configured around fundamental rights and how they are embodied in the Constitution. To this end, she has referred to the dual dimension of the<\/strong> Rule of Law<\/strong>, i.e. the formal <\/strong>dimension understood as the submission of Power to Law<\/strong> (the only function of Law is to generate security or stability), and the material <\/strong>dimension referring to the content of the rules and their qualification.<\/p>\n\n\n\n

It is within the material dimension that fundamental rights are integrated, in the words of our colleague, “a State that is a State governed by the rule of law must recognize and guarantee the fundamental rights embodied in the Constitutions<\/strong>, which include a specific section on the recognition and protection of rights.”<\/p>\n\n\n\n

In this sense, in the Spanish Constitution, the right to asylum constitutes a fundamental right, as set forth in Art. 13.4 <\/strong>and subsequently developed by Law 12\/2009 of October 30, regulating the right to asylum and subsidiary protection<\/strong> and the recently approved Royal Decree 220\/2022 of March 29, approving the Regulations governing the system of reception in matters of international protection<\/strong>.<\/p>\n\n\n\n

In addition, at the international level this right is recognized in:<\/p>\n\n\n\n