Judgment of the Supreme Court of December 19, 2016 (rec.1696 / 2015):
As a result of a cassation appeal filed before the Administrative Court of the Supreme Court, there is a general doctrine on how to identify foreigners in the generality of administrative procedures.
In the specific case, for registration in the Registry of “Unmarried couples unions”, the Valencia Autonomous Administration required the interested parties to provide the Foreigner Identification Number (NIE), which is only possible if the foreigner requesting registration was granted The Foreign Identification Card (TIE), but since it presupposes legal residence and since the applicable regulations only imposed the “identification”, the Supreme Court ratified the judgment of the Valencia Chamber as to the adequacy of the accreditation of Identity through passport.
However, the Judgment of the Supreme Court of December 19, 2016 (rec.1696 / 2015) goes beyond and “generally” establishes the form of proof of identity by the alien, whether or not resident, without the administration May require the Foreigner Identification Card, thereby limiting the praxis or inertia of some administrations to demand from the foreigner more identification than the passport in the common administrative procedures.
This doctrine of the Supreme completes the legislation of foreigners and will avoid confusion and problems for foreigners in Spain:
- Establish the Supreme in the sentence commented:
“In view of the terms of the debate, it is necessary to return to the question of the jurisdiction of this Supreme Court in relation to these matters regulated by autonomous norms, which can only be established if the aforementioned The national legislation on aliens imposes, in any case, that the identification of foreigners in any action before the Public Administrations must ineludibly be credited, in addition to their national personal documentation, with the TIE issued by the Spanish authorities. Only that debate is the one that is authorized to us by the powers of this Supreme Court when examining the autonomous precept, like budget of the legality of the concrete act challenged in the instance.
However, since the debate is centered on the above, foreigners, who are entitled to Title I of the Constitution (Article 3 of the Organic Law of 2000), are unlikely to intervene in administrative proceedings or even Jurisdictions without being able to obtain the SIT, because it can not be forgotten that Article 24 of the Law recognizes that foreigners, without any conditions, intervene in the processing of administrative procedures with the “guarantees provided for in general legislation” Which would break if the accreditation of the personality was demanded with the requirement of the TIE, because as long as it could not be obtained it would be ineffective the right that is recognized. Foreigners may be interested in proceedings before the Spanish authorities, such as requesting residence, before obtaining such documentation, intervention that, if interpreted by the regulatory precepts in the manner intended by the appellant Administration, would be frustrated. It should also be noted that in the present case, the peculiarity that one of the applicants for registration is resident with TIE, would imply the possibility that it could encourage family reunification authorized by Article 17 of the Organic Law, Autonomous regulation does not impose any conditions on coexistence prior to registration; While it could not obtain the inscription that would be budget of that possibility.
Thus, we must conclude that in no way does the judgment of the proceedings violate the provisions of Articles 100 and 101 of the Regulations of the Aliens Act, inasmuch as those provisions do not necessarily require that, in any case, Any Spanish Public Administration necessarily requires the possession of the TIE, which is the only case in which it would be possible for us to pronounce on the alleged nullity of the act that is reviewed in the instance and that the Territorial Chamber, in interpreting the autonomous regulatory precept, did not violate the established in Those precepts of a state nature. “
2.In this way, and as a reflex effect, upon opening access to records, and administrative procedures, in general, the irregular resident will be allowed to weave a network of data and steps to establish their roots or demonstrate their insertion into Spanish society.
If you have any doubts or questions that you wish to resolve, do not hesitate to contact our legal office, and we will resolve your inquiry for free.
SAENZ & ASSOCIATES, LAWYERS / ABOGADOS
The information and legal counsel offered in the Blog section is just guiding and not binding. If you need to make a qualified legal inquiry, you must always address to a professional duly authorized. If you wish, you may contact us at firstname.lastname@example.org