La reagrupación familiar en el Derecho español tras la implementación de la normativa comunitaria

Abstract

The Spanish legislation responds to the purpose of protection of the family and respect for family life enshrined in the instruments of International Law signed by Spain. We are faced with rules with a strict adherence to the principles of due process of law, both in the terms in which the right is recognized and in the procedure legally established to make that right effective. In spite of this situation, a certain imbalance in the procedure to follow shall be acknowledged that is analyzed in these pages. The Community legislator’s interest in the importance of proper control and management of migratory flows has been demonstrated by the analysis of Directive 2003/86/EC. We will then analyze how the LOEx and its Regulation allow us to glimpse a complex post-transposition panorama by means of a wording that has tried to adapt internal regulations to the latest decisions adopted within the EU.