Let me move: A legal analysis of residence restrictions on asylum-seekers in Ceuta, Melilla and the canary Islands
By: Ramos, Juan Ruiz
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Material type: 
BookPublisher: Social & Legal Studies Description: 34(3), Jun, 2025: p.421-438.Subject(s): Asylum-seekers, Right to choose one’s residence, right to free movement, Social control, Legal control, Refugee rights
In:
Social & Legal StudiesSummary: For over a decade, Spanish police have prevented asylum-seekers in Ceuta and Melilla—two Spanish exclaves in Northern Africa—from moving to mainland Spain. Since 2020, similar measures have been taken in the Canary Islands. However, this practice has not taken place in a vacuum. This article shows that the Spanish authorities have long drafted and interpreted Spanish law in such a way as to create a veil of legality over these residence restrictions. Moreover, they have ignored attempts by the courts to uphold the freedom of asylum-seekers to choose their place of residence within the borders of the State. The government and the police have thus exercised a kind of “diluted” legal social control, in which legal certainty and human rights safeguards are out of the picture. This article analyzes the issue from different perspectives, using social control theories, classical legal doctrinal analysis, and comparisons with criminal law.- Reproduced
https://journals.sagepub.com/doi/abs/10.1177/09646639231226227
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Articles
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Indian Institute of Public Administration | 34(3), Jun, 2025: p.421-438 | Available | AR136688 |
For over a decade, Spanish police have prevented asylum-seekers in Ceuta and Melilla—two Spanish exclaves in Northern Africa—from moving to mainland Spain. Since 2020, similar measures have been taken in the Canary Islands. However, this practice has not taken place in a vacuum. This article shows that the Spanish authorities have long drafted and interpreted Spanish law in such a way as to create a veil of legality over these residence restrictions. Moreover, they have ignored attempts by the courts to uphold the freedom of asylum-seekers to choose their place of residence within the borders of the State. The government and the police have thus exercised a kind of “diluted” legal social control, in which legal certainty and human rights safeguards are out of the picture. This article analyzes the issue from different perspectives, using social control theories, classical legal doctrinal analysis, and comparisons with criminal law.- Reproduced
https://journals.sagepub.com/doi/abs/10.1177/09646639231226227
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