Jorge Buxadé (Patriots): "To despise your neighbor is to tell them to come live in Europe without papers"

The Vox MEP maintains in an interview with Demócrata that the new Pact on Migration and Asylum will be insufficient without an increase in expulsions and calls for the use of all available diplomatic tools to accelerate the returns of irregular immigrants.

11 minutes

53832512509 1c1e2dd151 k

53832512509 1c1e2dd151 k

Add DEMÓCRATA to Google

Ask FREN

Published

11 minutes

Most read

From one of the offices of the Vox delegation in the European Parliament, the intervention of Pope Leo XIV can be heard in the background. At that moment, the pontiff is still in Barcelona, but his words are heard clearly even from the hallway. The papal visit to the Canary Islands and the entry into force of the European Union's Pact on Migration and Asylum have once again placed the issue of migration at the center of political debate, both at the national and community levels.

The regulation, initially agreed upon during the Spanish presidency of the Council of the EU, aims to tighten the criteria applied in Europe for accessing international protection. Among other measures, it establishes accelerated procedures for applications considered to have a low probability of obtaining asylum, especially in the case of individuals from countries whose international protection recognition rates are below 20% in the European Union.

One of the main proponents of the pact has been MEP Jorge Buxadé (1975), negotiator for the part relating to Eurodac, the European database intended to identify and register asylum seekers and individuals who irregularly cross the EU's external borders. On the occasion of the reform's entry into force, he speaks with Demócrata in his office, in the legislative heart of the European Union, to delve into the keys of one of the most ambitious and controversial migration reforms in recent years.

Jorge Buxadé, image provided by Vox
Jorge Buxadé, image provided by Vox -

Question: The pact comes into force this Friday. It promises solid and secure external borders through identity checks. Do you believe the new identification system with biometric data is sufficient to regain control of Europe's borders?

Answer: No, it is not sufficient. It is a tool in the hands of the Member States, a better tool than what existed before, but it is not sufficient. Border protection essentially involves preventing entry into European territory of those who cannot enter, and that is what the Asylum and Migration Pact did not resolve. That is the fundamental reason why we voted against practically the entire pact.

You cannot create a set of rules to establish the procedures for how people can enter without establishing the rules for how they must leave, which is what we will now have with the Returns Regulation.

Jorge Buxadé: 

“The European People's Party will end up on our side. I have no doubt that, after the 2027 electoral cycle, the European landscape will be totally different”

Question: The Commission has acknowledged that some states still lack control facilities or border procedures. To what do you attribute this lack of infrastructure? 

Answer: I believe it is a lack of political will. We have governments like Sánchez's that, despite saying they are committed to the European project, are actually destroying the European project.

Sánchez, with his regularization of illegal immigrants, has devastated and rendered the asylum and Schengen pacts into a dead letter. He has put Schengen at risk because the massive legalization of 700,000 people who should return to their countries means bringing 700,000 people into the system, or we don't know how many in reality. Many will stay in Spain, but many will go to France, to Germany, wherever they have family, friends, acquaintances, or believe they can find a better life.

Question: One of the pact's objectives is to prevent leaks and secondary movements between EU countries. Do you think the rules that oblige the applicant to remain in the country of first entry are really enforceable without internal borders?

Answer: It should be enforceable if there is the will of the governments. It should be enforceable because that foreigner who enters through Spain and is given a residence permit and goes to a second country, in that second country at some point has contact with the public administration.

That contact can be because they want to register their residence, because they request a health card, because they ask for housing assistance or assistance for thousands of things. Therefore, that State must immediately communicate with the other State and proceed with the return.

Of course, if there is political will. The problem is that we still have many governments in the member states, socialist and popular, that are not really understanding what the majority of Europeans are asking for: to bring order and initiate this process of mass deportations.

Question: How do you assess the capacity of member states to apply these responsibility compensations if relocations occur?

Answer: This is what I said today at the press conference. What's the point? We were talking about 30,000 or 21,000 for the first year. If Sánchez has just legalized 100,000 international protection applicants, that's it, he has already met the quota.

European solidarity cannot be outside the law and common sense. True European solidarity is that the 27 member states commit to the fact that there can be no one in Europe who is not working, complying with the law, and not living on aid.

Every foreigner who lives on aid, of course those who commit crimes and those who have entered or are illegally present, have only one destination: to leave Europe.

That is true solidarity. That is what would make all states committed to defending European law. The most curious thing here is that we, the patriotic and conservative parties, who are accused of being anti-European, are the most European. We are the ones trying to defend the law and common sense in Europe, while those who call themselves pro-European are the ones destroying Europe.

Jorge Buxadé, image provided by Vox
Jorge Buxadé, image provided by Vox -

Question: Do you consider that the payment of financial contributions to the solidarity mechanism is a covert way of forcing states to accept the migratory management of other countries?

Answer: It is undoubtedly part of a kind of coercion from Brussels. The previous system, the Dublin Regulation, was a failure because it imposed mandatory quotas. They said: "Well, either mandatory quotas or you pay for not having immigrants."

From a moral point of view, this is very serious because they have put a price on human life. Twenty thousand euros. You pay 20,000 euros and that's what an immigrant is worth to these people.

These people who give us moral lessons cannot give us any. We do not want to put a price on human life. They are responsible for the fact that in recent decades 50,000 people have died at sea trying to enter because they are the ones who call them.

Jorge Buxadé: 

“You cannot create a set of rules to establish the conditions for entry without establishing the conditions for exit”

Question: Moving on to the Returns Regulation, the Spanish Government has said it will not sign agreements with third countries within this framework. What would you do if you came to La Moncloa?

Answer: We do not promise anything, but we do commit to applying the Returns Regulation with the maximum possible rigor.

The regulation has a very good thing and that is that it gives States a certain margin of freedom, because sovereignty remains with the Member States.

Our commitment is to take it to its fullest extent, to close agreements with all States with which it is possible using all the diplomatic tools that Spain has and to initiate that process of deportations and departure from the national territory.

We have to play with international aid, development cooperation, visas, public contracts. There is a country like Morocco, which is our neighbor, that is not fulfilling its obligations. We have to exercise all diplomatic power to ensure that Morocco complies and takes back all Moroccans who are in Spain and who should not be.

Question: In the list of safe third countries, countries like Morocco or Bangladesh appear. With which countries could Spain reach agreements within the framework of this regulation?

Answer: I think with all of them. With all the Ibero-American countries, with all the Maghreb countries, and with all the Sahel countries. That is our objective.

It is true that in recent months we have seen the arrival of people from Bangladesh or Pakistan. Of course, from Pakistan to Spain there are ten countries in between. They have transited through all those countries and they are practically all safe countries. Morocco is, Egypt is, Algeria is, with which we also have relations.

Therefore, in those countries we have many possibilities to proceed with those returns. But I think Spain has to sign international agreements for returns with all countries.

Jorge Buxadé, image provided by Vox
Jorge Buxadé, image provided by Vox -

Question: One of the most controversial parts of the regulation is the possibility of entering homes by court order when the presence of an irregular immigrant is detected.

Answer: Here, the European left or progressives want to place the foreigner with more rights than the European himself.

For example, in Eurodac, the left opposed having a facial image of the foreigner in the biometric registry. However, you have a National Identity Document where your face appears.

They said: "No, it violates fundamental rights." How? What happens? Does the foreigner have more rights than the European? It is absolutely immoral.

They are playing invasion. They have promoted invasion. There is a plan from the European Commission, there is a plan from the UN and we reject that plan.

Question: In migration management, should European borders, through Frontex, or national borders be responsible for managing these processes?

Answer: That is the responsibility of the Member States. Frontex is an agency that can serve to help and cooperate in certain situations and at certain times with national police forces.

We have the capacity with our National Police, with the Civil Guard and with the Army to protect our borders.

Jorge Buxadé: “The European Commission is limited to issuing a paper saying it is 'deeply concerned'. That is useless”

Question: Although the pact comes into force this Friday, the Commission acknowledges that its full implementation will still take months. Do you fear that it will become a permanent bureaucracy incapable of resolving the migration crisis?

Answer: It undoubtedly will be due to a lack of political will. It is a scandal that the Member States and the Commission itself have had two years to adjust the entire IT and technical structure.

When they want to, they were prepared for the digital euro two years ago and wanted to do it in two months. When there is will, it gets done.

I am not aware of what actions the Government of Spain, Mr. Marlaska, has taken to train the National Police, the Civil Guard, and all elements of state security in compliance with the new Eurodac regulation and border control.

Will they do it on Monday, when the first boat arrives in the Canary Islands? Will they apply the border control procedure? Will we have a Eurodac regulation? Will the foreigner be held for seven days in a center to determine their origin, identity, and travel documents, and, if applicable, be put on the path to departure? Or will they be in the peninsula in 24 hours?

Guntis Pujats, Head of the Latvian State Border Guard, left, Rihards Kozlovskis, Latvian Minister of the Interior, right, and Magnus Brunner, center, during a visit to the border between Latvia and Belarus, Augsdaugava, Latvia.
Guntis Pujats, Head of the Latvian State Border Guard, left, Rihards Kozlovskis, Latvian Minister of the Interior, right, and Magnus Brunner, center, during a visit to the border between Latvia and Belarus, Augsdaugava, Latvia. -

Question: What response did you expect from the European Commission to the mass regularization promoted by the Spanish Government?

Answer: The response has been absolutely lukewarm. A formal condemnation of a decision that affects the 27 member states, which puts Schengen at risk and constitutes a fraud to the Asylum and Immigration Pact.

The explanatory memorandum of the royal decree of regularization literally states that this regularization is done quickly and by urgent procedure to avoid the effects of the Asylum and Immigration Pact.

They don't even hide it. The Government has carried out a regularization to avoid the effects of the pact, to prevent those people from being registered in Eurodac and to avoid the border control procedure. They have done it on purpose.

And the European Commission is limited to issuing a paper from time to time saying that they are "deeply concerned". That is useless.

We would have liked a statement from the commissioner and, of course, from Von der Leyen, but they do not do it because in reality it suits them that Sánchez assumes the cost of executing their plan.

Question: Can we expect a defense of national priority also at the European level?

Answer: We continue to insist that the Popular Party break its agreements here in Brussels with the Socialist Party, which it has not done.

National priority is the most important thing for us. Then there is a principle of community preference that has historically been applied in areas such as trade agreements, agriculture, or livestock.

The logic is to ensure national priority first and then community preference. It is logical.

Family priority: first your family, then your municipality, the place where you live, your nation, the European Union, and lastly, third countries.

Question: How do you assess that the Popular Party criticizes these principles during the election campaign and then adopts them as its own in the investiture debates we are seeing in the Autonomous Communities?

Answer: Because it has understood. It has realized that it is good for Castilla and León, good for its neighbors, and that it is just.

Many things are said during election campaigns, and then parties demonstrate maturity. That is what Vox has demonstrated: maturity, preparation, capacity, and talent to reach agreements. Now it is up to us to execute them.

Mañueco, ilusionado tras su investidura, espera que el nuevo Gobierno impulse a Castilla y León a sus más altas cotas
Mañueco, ilusionado tras su investidura, espera que el nuevo Gobierno impulse a Castilla y León a sus más altas cotas -

Question: Is the European People's Party understanding now that the main legislative files are moving forward with the support of patriots and conservatives?

Answer: I believe the European People's Party has a very serious problem. Although it wants to continue maintaining its coalition with the socialist group and the greens, it knows that this leads to losing elections.

We support, for example, the Returns Regulation out of conviction. They do it out of electoral interest.

I would like them to do it out of conviction, but if they do it out of electoral interest, so much the better, because I believe they are good things.

At the beginning of the legislature, we said that five years is a long time and that the European People's Party would end up coming to our side. We are halfway through the legislature, there is another half left, and I have no doubt that, after the 2027 electoral cycle, with elections in France, Spain, Poland, and Italy, the European landscape will be totally different.

Question: Pope Leo XIV recently stated at a large mass in Madrid that "one can kneel before the Lord and despise one's brother"

Answer: I absolutely agree.

Despising one's neighbor is telling them to come live in Europe without papers, without a job, and to live on social benefits.

As we love our neighbor, we want them to be able to live and develop in their countries of origin. We want to guarantee their right not to emigrate and for Morocco to grow, for Mali to grow, and for Senegal to grow. It is immoral to call them, to provoke uprooting in them, and also to produce uprooting and a rupture in our societies.

Pope Leo XIV | Europapress
Pope Leo XIV | Europapress -

The interview ends, but the conversation does not. As the recorders are turned off and assistants begin to peek into the office, Buxadé continues to weave arguments about the future of European migration policy. In Brussels, where majorities change slowly and files usually advance more slowly than headlines, the MEP is convinced that the debate has definitively shifted towards more "rational" positions. His thesis is that many of the proposals that were considered marginal just a few years ago are now part of ordinary institutional discussion.

Outside the office, the European Parliament continues with its usual routine of meetings, negotiations, and votes. However, the entry into force of the Pact on Migration and Asylum leaves an open question that transcends this legislature and its protagonists: whether the new rules will serve to respond to one of the most sensitive issues for European citizens or if they will end up swelling the long list of community reforms whose effectiveness will ultimately depend on the political will of the member states to implement them.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What parliamentary phase is the implementation of the Return Regulation currently in within the EU Member States?

Direct answer

As of 13-06-2026, there is no specific legislative initiative clearly identified as the implementation or adaptation of the new Return Regulation of the European Pact on Migration and Asylum in the Spanish General Courts (neither in the Congress nor in the Senate). Therefore, no specific “parliamentary phase” (consideration, committee, plenary, etc.) can be assigned to this implementation in Spain. At the EU level, the Pact comes into effect in June 2026 and the Return Regulation has reached a political agreement within the ordinary legislative procedure, but this has not yet translated into a specific parliamentary process in Spain. The Spanish adaptation is currently being carried out in a very limited way through executive regulatory norms and administrative adjustments, not through a major transposition law in the Courts.

European context of the Return Regulation

The Return Regulation is part of the new European Pact on Migration and Asylum, whose deployment was planned around June 2026. Unlike directives, EU regulations are directly applicable in Member States, so legally they do not require a classic “transposition law.” This does not prevent States from adjusting their internal law (for example, in immigration, administrative procedures, detention, or police coordination) to make it fully compatible. According to available information, in 2026 the Council and the European Parliament have reached a political agreement on the Return Regulation within the ordinary legislative procedure, in parallel with the other parts of the Pact, pending its final publication and phased entry into force.

Situation in Spain: absence of a specific parliamentary initiative

With data available as of 13-06-2026, there is no Government bill nor parliamentary group proposal in the Congress of Deputies whose declared purpose is the implementation of the Return Regulation or, more broadly, the global adaptation of the Pact on Migration and Asylum. Nor is there any ratified royal decree-law or one in the process of being converted into a bill explicitly presented as a norm applying the Pact or the Return Regulation. Consequently, there is no file in the Congress to which a specific phase (registration, consideration, committee report, Senate amendments, etc.) can be attributed regarding the implementation of that regulation.

In the Senate, the situation is equivalent: no own initiative appears (project sent by the Government, proposal from the Senate itself, or processing of a royal decree-law) whose title or explanatory statement clearly identifies it as the adaptation of the Pact or the Return Regulation. Political debates on migration are recorded, but they have not materialized into a norm labeled as such. For example, in a control session on June 9, 2026, a motion urging the Executive to take measures to implement the Pact was debated, but this is a political statement, not a law in process.

Government actions and indirect regulatory adjustments

Although there is no “implementation law” in parliamentary phase, the Government has started to move pieces on the regulatory and administrative level. The Royal Decree 316/2026, of April 14, which modifies the Immigration Regulation, is justified in the Official State Gazette as an adaptation linked to the upcoming entry into force of the European Pact on Migration and Asylum, but it is a regulatory norm approved directly by the Executive, outside the Courts. This route allows adjusting immigration procedures and return management without going through a full legislative debate.

Additionally, in January 2026 the Government has promoted a royal decree in urgent processing for an extraordinary regularization of migrants, and other labor and flow management measures have been approved, but these actions, although linked to the migratory context, do not equate to the parliamentary implementation of the Return Regulation. The press, including coverage by Demócrata, records criticism for the delay of Spain and other States in presenting the necessary national reforms, emphasizing that the Pact begins to apply while in several countries there are still no adaptation laws presented.

Implications regarding the “parliamentary phase”

Since there is no identifiable initiative of a “Law implementing the Return Regulation” or similar, the strict answer to your question is that, in Spain, the implementation is not in any parliamentary phase because it simply has not started as such in the General Courts. What exists is, on the one hand, the progress of the ordinary legislative procedure at the European level (political agreement on the Return Regulation in the European Parliament and the Council) and, on the other, a partial adaptation start via regulations and executive decisions within the Spanish legal system.

Politically, this places Spain in a phase of preparation and technical adjustment, but not full legislative processing. It is foreseeable that, as the Return Regulation and the rest of the Pact are applied more intensely, the Government will end up submitting bills to amend the Immigration Law, asylum regulations, or other related norms; when that happens, then specific parliamentary phases (general debate, amendments, committee, etc.) can be discussed. Until 13-06-2026, however, that phase has not opened in the Congress or the Senate.

What are the competencies and powers of Jorge Buxadé as an MEP and negotiator in the European Parliament?

Initial summary

Jorge Buxadé, MEP for Vox since 2019, exercises in the European Parliament the same formal competencies as any MEP: legislative function (laws and budgets), political control over European institutions, and participation in international agreements, always within the procedures established by the Treaties and the internal Rules. In the current legislature, he is part of the Patriots for Europe group and focuses his work on key committees such as Civil Liberties (LIBE) and Environment (ENVI), as well as several delegations with Mediterranean countries. Added to this is his organic role as a European leader of Vox and member of the Council of the European Conservatives and Reformists Party (ECR), which grants him the capacity for political dialogue and negotiation within the conservative-reformist family. Although he is not listed as a “chief negotiator” or formal coordinator in specific committees, he acts de facto as a reference and head of the Vox delegation in articulating positions on issues such as immigration, security, sovereignty, and the green agenda.

Formal competencies of any MEP

Buxadé’s competencies and powers are primarily determined by the general statute of members of the European Parliament. According to the Parliament’s competency sheets and its internal Rules, an MEP:

Participates in the EU’s legislative function: intervenes in the approval, modification, or rejection of legislative acts in the ordinary legislative procedure together with the Council, and in other special procedures when provided by the Treaties (EP competency sheet).
• Exercises an “indirect” political initiative: can urge the Parliament to request the Commission to present legislative proposals, and the Parliament itself has direct initiative in internal matters such as its organization, committees of inquiry, or the Ombudsman’s Statute (Internal Rules).
• Participates in the approval of the EU budget and the multiannual financial framework, with amendment and final approval powers (institutional explanation).
• Performs political control functions over the Commission and other institutions: questions, debates, committees of inquiry, and monitoring delegated and implementing acts.
• Participates in the appointment and control of the European Commission and in the approval of certain international agreements and EU enlargements.
• May be appointed as rapporteur or shadow rapporteur of legislative files, coordinator in a committee, or member of negotiation delegations, according to the internal rules of their group and the Parliament’s Rules.

Specific parliamentary functions of Jorge Buxadé

Based on this general framework, Buxadé’s profile and trajectory allow specifying in which bodies he exercises these competencies:

• He has been an MEP since 2019 and is currently part of the Patriots for Europe group, originating from Vox (official European Parliament profile, profile at El Demócrata).
• He is a full member of the Committee on Civil Liberties, Justice and Home Affairs (LIBE) and the Committee on Environment, Climate Change and Food Safety (ENVI), two of the committees with the heaviest legislative workload on matters such as immigration, fundamental rights, internal security, and the European Green Deal (El Demócrata).
• He is a full member of the Delegation for relations with the Maghreb countries and the Arab Maghreb Union (including the EU–Morocco, EU–Tunisia, and EU–Algeria joint parliamentary committees) and of the Delegation to the Parliamentary Assembly of the Union for the Mediterranean, where he participates in the parliamentary component of the EU’s foreign policy towards its southern neighborhood.
• He is a substitute member of the Committee on Security and Defence and the Special Committee on the Housing Crisis in the EU, which allows him to intervene when called upon and replace full members of his group.

In all these committees and delegations, his formal role is that of “member” or “substitute,” without recorded positions of chair, vice-chair, or coordinator. However, as these are central bodies in debates on immigration, security, energy sovereignty, or environmental regulation, his participation carries significant political weight for Vox’s and the Patriots for Europe group’s line in Brussels and Strasbourg.

Role as negotiator and European political leader

Beyond the specific committee, Buxadé combines his role as MEP with organic positions that give him negotiating projection in the European conservative space:

• He is vice president of Vox’s political area and a member of the National Executive Committee, which means he conveys the party’s strategy to Brussels and coordinates the delegation’s actions (El Demócrata, Vox).
• He has been a member of the Council of the European Conservatives and Reformists Party (ECR) since 2020, holding a prominent position in that European political family (European Parliament, biography).
• The press and political profiles describe him as a figure with the capacity for dialogue and alliance-building with like-minded parties in Europe around immigration, security, national sovereignty, and criticism of the dominant climate agenda (profile in El Crític, El Demócrata).

From a strictly regulatory perspective, a “negotiator” in the European Parliament is usually the rapporteur or the shadow rapporteurs of a legislative file, or the designated members of an interinstitutional negotiation delegation. In the information consulted, there is no record that Buxadé holds a stable position as rapporteur, shadow rapporteur, or group coordinator in a specific committee; his negotiating functions are rather expressed in:

• Leading the Vox delegation in the Patriots for Europe group, participating in defining the group’s line on sensitive issues.
• Heading or being part of political delegations in European missions and events (for example, meetings and forums like “Europa Viva 25”) where alliances with other right-wing parties are woven, as highlighted by El Demócrata.
• Regularly representing Vox in key debates of his committees (immigration, internal security, environment), articulating amendments and positions aligned with the party’s strategy and the bloc to which it belongs.

In summary, his formal competencies are those of any MEP, but his combination of presence in strategic committees, organic positions in Vox, and participation in European conservative structures makes him one of the main political negotiators of the Spanish radical right in the European Parliament, although without a specific regulatory title of “chief negotiator” in a particular file.

What legal requirements must Spain meet to sign return agreements with third countries according to European and national regulations?

Legal requirements for Spain's return agreements with third countries

Concise answer

Spain can only sign return agreements with third countries if it simultaneously respects three legal frameworks: EU law (especially the TFEU and the Return Directive), national immigration regulations, and the protection of fundamental rights (Constitution and international Conventions such as the ECHR). This implies that agreements cannot violate the principle of non-refoulement, must guarantee fair procedures and dignified conditions in the return, and be compatible with the competencies and agreements already assumed by the European Union. Additionally, the signing procedure requires internal controls: Government authorization, possible parliamentary ratification, and, if applicable, Constitutional Court review. In practice, agreements usually take the form of bilateral readmission treaties or police cooperation, always subordinated to the current European regulations.

European legal framework

EU competencies and Member States’ margin

In immigration and return matters, the starting point is the Treaty on the Functioning of the European Union (TFEU), which grants the Union shared competencies in border control, asylum, and immigration policy. This means Spain can only subscribe return agreements with third countries to the extent that:

1) They do not encroach on areas already regulated or reserved for the EU. The Union has concluded readmission agreements with various third countries; where an EU agreement exists, Spain’s capacity to sign a parallel agreement is very limited and, in any case, must be fully compatible with the European agreement.

2) They are compatible with the common return regulations. Directive 2008/115/EC (Return Directive) sets minimum standards on return and expulsion of third-country nationals in irregular situations: procedure, guarantees, voluntary departure periods, detention, appeals, treatment of minors, etc. Any Spanish bilateral agreement:
– Cannot lower those minimum guarantees.
– Must respect the principle of proportionality in return measures.
– Cannot allow practices incompatible with European rules on detention, legal assistance, or deadlines.

Fundamental rights and non-refoulement

EU law is linked to the Charter of Fundamental Rights and the European Convention on Human Rights (ECHR). Applied to return agreements, this requires that:

1) The principle of non-refoulement is respected. No person can be returned or readmitted to a country where there is a real risk of torture, inhuman or degrading treatment, persecution based on race, religion, nationality, membership of a particular social group or political opinions, or serious human rights violations.

2) Especially vulnerable groups are protected. Minors (especially unaccompanied), asylum seekers, sick persons, or trafficking victims require enhanced safeguards. European regulations and the European Court of Human Rights’ case law prevent “automatic” or collective returns without individualized examination.

3) An effective remedy is guaranteed. There must be a real possibility to challenge the return, with adequate legal assistance and, when appropriate, suspensive effect, so that the international agreement does not empty these guarantees of content.

Requirements in Spanish regulations

Immigration regime and constitutional principles

Internally, the Immigration Law and its implementing regulations govern expulsion, return, and cooperation with third States. A return agreement must:

1) Comply with the Spanish Constitution. Article 10 CE (human dignity) and Article 15 (prohibition of inhuman or degrading treatment) require that any return respects minimum human rights standards. Also, Articles 24 (effective judicial protection) and 13 (regime of foreigners) prevent designing procedures that effectively block access to justice.

2) Be compatible with international treaties ratified by Spain. Conventions such as the ECHR, the Geneva Convention on refugees, or the Convention against Torture prevail over contradictory internal norms. A return agreement allowing chain expulsions or without safeguards against torture would be unconstitutional and contrary to international obligations.

3) Respect the Immigration Law itself. The Organic Immigration Law establishes the framework for detention, expulsion orders, border returns, and international protection procedures. The agreement’s content cannot create a “parallel circuit” that bypasses these guarantees, for example, through automatic returns without identification, without access to an interpreter, or without information on the right to seek asylum.

Signing procedure and agreement control

Formally, Spain must follow the constitutional treaty-making regime:

1) Negotiation and signing by the Government. The Executive Branch is responsible for negotiating and signing the text with the third country, usually through the Ministry of Foreign Affairs and the competent departments (Interior, Migration).

2) Control by the General Courts when appropriate. If the agreement affects fundamental rights, significant financial obligations, or implies modification or repeal of any law, parliamentary authorization or at least information and political control by Congress and Senate is required.

3) Possible control by the Constitutional Court. If there is doubt about the agreement’s compatibility with the Constitution, a prior constitutional review can be requested and, if applicable, challenged once in force.

Minimum material conditions in the agreements

In summary, for Spain to sign a return agreement with a third country, the text must include or allow, at minimum:

– Express guarantees of respect for human rights and the principle of non-refoulement.
– Mechanisms for individual identification, with attention to asylum seekers and minors.
– Cooperation procedures (documentation, acceptance of nationals, police coordination) compatible with the Return Directive.
– Provisions that do not contradict existing EU agreements with the same country.
– Clauses allowing suspension or review of the agreement if a serious deterioration of human rights in the return country is detected.

Any substantial deviation from these requirements could place the agreement in conflict with European regulations, the Spanish Constitution, or the State’s international commitments.

Play

Test your knowledge with FREN!

How much do you know about this topic? Answer the following 3 questions.

What is one of the main objectives of the European Union's Migration and Asylum Pact?

Question 1 of 3

Why does Jorge Buxadé state that he voted against practically the entire pact?

Question 2 of 3

How does Jorge Buxadé describe the system of financial contributions for not accepting relocations in the European solidarity mechanism?

Question 3 of 3

Hola, soy Fren. ¿Cómo te ayudo?