Spain activates controls on travelers from Italy: what changes from today

In practice, the decision to re-establish border controls between EU Member States (at the internal Schengen borders) is fundamentally an executive power competence, not that of the parliament. Parliaments — both the European and the national ones, such as the Cortes Generales in Spain — mainly intervene through parliamentary oversight mechanisms and, if applicable, through general legislative reforms on immigration, security, or treaties, but they do not usually approve each temporary re-establishment of controls on a case-by-case basis. Below is a detailed explanation of how this fits into known parliamentary procedures and what types of processes can be activated.

1. Executive power competence in border matters

Specific border policy decisions (for example, enabling an airport as a border crossing point or signing international agreements on visas) appear in executive power regulations published in the BOE, such as ministerial orders or international agreements. For example, Order PCI/7/2019 enables the International Airport of the Murcia Region as a border crossing point, and Order PRA/223/2018 does the same for the Logroño-Agoncillo airport. Similarly, Spain signs visa exemption agreements with other States (for example, with India in the visa exemption for diplomatic passports or with the Dominican Republic in the exemption for short stays).

All these types of decisions show that the Government acts through:

• Executive regulations (royal decrees, ministerial orders, technical resolutions).
• Treaties and international agreements that are then published in the BOE.

The re-establishment of Schengen internal controls would fit into this same framework: it is a decision made by the Executive (national Government, in coordination with EU institutions), formalized through specific regulatory acts or administrative decisions, and which can later be subject to parliamentary oversight and debate.

2. What national parliaments do (case of Spain)

In Spain, the role of the Cortes Generales does not normally consist of authorizing border controls one by one, but rather in:

• Approving the general legal framework (organic laws on citizen security, immigration, international treaties, etc.), within which the Government makes its decisions.
• Exercising parliamentary oversight over the Government's actions regarding borders and Schengen.

According to the general description of parliamentary oversight, the Cortes supervise and monitor the Government's actions through instruments such as:

• Oral and written questions to the Government about why controls are re-established, their duration, or their effects.
• Interpellations and specific debates on border policy, which may lead to motions urging the Government to change its actions.
• Appearances of the Minister of the Interior, Foreign Affairs, or Transport before the competent committees to explain border measures.
• Requests for information and documentation about instructions given to security forces, impact on migratory flows, etc.
• In extreme cases, motions of censure or confidence motions if the Government's policy in this area generates a broader political crisis.

Furthermore, if it is considered that the legal framework should change (for example, to introduce prior information requirements to Parliament when internal controls are re-established), the ordinary legislative procedure would be followed: plenary debate on the entirety, referral to the competent committee, amendments and report, and return to the plenary for approval, as described for the role of parliamentary committees.

3. European Parliament and national parliaments at the EU level

The sources consulted do not detail the specific provisions of the so-called “Schengen Borders Code,” so there is no article-by-article enumeration of what each institution does. What can be stated based on institutional logic is that:

• The European framework regulating Schengen (including the regime of internal controls) is approved through EU legislative procedures involving the Council and the European Parliament.
• Once that framework is approved, the concrete application (whether or not to activate controls at an internal border for reasons of security, public health, etc.) is adopted by national governments, which must respect the conditions and deadlines set in the European regulations.
• National parliaments exercise a political oversight similar to that described for Spain: debates, questions, motions, investigative committees if appropriate, but not necessarily prior authorization on a case-by-case basis.

4. “Necessary” parliamentary procedures in the strict sense

With the available information, no imperative parliamentary procedures (specific votes) are identified as a legal condition necessary to re-establish internal border controls, beyond:

• The existence of an enabling legal framework previously approved by parliaments (national laws and EU legislation).
• Subsequent parliamentary oversight of the Executive's decision, which may lead to legislative modifications if the parliamentary majority deems it appropriate.

That is, border controls are legally established through acts of the executive power, while parliaments mainly intervene before (by approving the framework laws) and after (monitoring and, if applicable, reforming that framework), but not as a mandatory procedure in each specific decision to re-establish controls.

The President of the Government does not carry out passport controls nor individually decide who enters or leaves Spain, but does concentrate the functions of political leadership and coordination of all ministries involved in borders and travelers. Through the Council of Ministers and his regulatory powers, he sets the strategy on immigration, border security, visas, transport, and health controls. In crisis situations (terrorism, pandemics, shortages) he can promote the declaration of a state of alarm, which allows limiting circulation and directly affects the regime of entries and exits.

General political leadership and security

The Constitution (Article 97, cited in the Law 50/1997, of the Government) establishes that the Government directs the internal and external policy, the civil and military Administration, and the defense of the State. Based on this, Law 50/1997 specifies that:

• The Government directs internal and external policy and exercises regulatory power.
• The President directs the Government's action and coordinates the functions of the other members, and is responsible for “determining the guidelines of internal and external policy and ensuring their compliance.”

Applied to borders and travelers, this means that the President politically sets the orientation on immigration, border control, police cooperation, visa policy, and Spain's participation in Schengen, while execution falls to Interior, Foreign Affairs, Transport, Health, etc.

Coordination of the ministries involved

The same Law 50/1997 describes a model of “presidential leadership”: the President sets guidelines and ministers are responsible for their sectoral management. Additionally:

• He presides over the Council of Ministers, where royal decrees and agreements enabling border crossings, setting entry conditions, or developing immigration regulations are adopted.
• He can propose the creation of Government Delegated Commissions (by royal decree of the Council of Ministers) to coordinate, for example, national security, immigration, or crisis management, grouping Interior, Defense, Foreign Affairs, Transport, and Health.
• Law 40/2015 organizes the General State Administration and its Government Delegations, which act territorially according to Government guidelines on security, public order, and, in practice, internal border control.

Normative powers and regulatory development

Law 50/1997 distinguishes between royal decrees of the Council of Ministers and royal decrees of the President, reserving the latter for “functional and operational” matters of the Government itself. In practice, regarding borders and travelers:

• The Council of Ministers, politically driven by the President, approves royal decrees and agreements that develop the Organic Law 4/2000 on Foreigners (for example, on visas, entry authorization, or border crossings) and other sectoral regulations.
• The President, through his guidelines and ability to set the agenda, directs the content of these regulations in terms of migration policy, security, or public health.

The Organic Law 4/2000 assigns to the “Government” the definition, planning, regulation, and development of immigration policy, in coordination with the European Union. This competence is politically articulated from the Presidency, although day-to-day management falls on the Ministry of the Interior and other departments.

States of alarm and circulation restrictions

When there is a serious crisis, the President's margin of action over borders and travelers increases. Organic Law 4/1981 allows the Government to declare a state of alarm “in all or part of the national territory” due to disasters, health crises, paralysis of essential services, or shortages. The declaration:

• Is made by decree agreed in the Council of Ministers, under the President's political leadership.
• Determines territorial scope, duration, and effects, with the possibility of limiting freedom of movement, which impacts border closures, flight restrictions, or extraordinary traveler controls.
• Designates the Government as the “competent authority,” which may delegate to other officials.

Although the law refers to the “Government” as a whole, it is the President who politically promotes the declaration, directs the crisis exit strategy, and appears before Congress to report on it.

Relationship with the European Union and Schengen

Within the framework of immigration and border policy, Organic Law 4/2000 requires coordination with European Union policies. The President of the Government leads the Spanish position in the European Council and at summits where issues such as the Schengen Borders Code, visa information systems, or responsibility-sharing mechanisms in border control are discussed.

In summary, the President is not the technical border authority (these are mainly Interior and security forces), but is the ultimate responsible for political leadership, interministerial coordination, and activation of crisis instruments that decisively condition border management and traveler control.

Third-country nationals who wish to enter and stay in Spain are mainly governed by the Organic Law on Foreigners (LO 4/2000) and its reforms, and by its regulation, as well as by Schengen regulations on visas and borders. In practice, they must prove identity (valid passport), meet entry conditions (visa when applicable, financial means, purpose, and accommodation), and if the stay exceeds certain periods, obtain a residence authorization and, if applicable, a work permit. The law distinguishes between short stays, temporary residences, long-term residences, specific cases (students, highly qualified, family reunification, international protection), and also regulates causes and procedures for return, mandatory departure, and expulsion. Below is a summary of the requirements and the applicable Spanish and European legal framework.

Basic regulatory framework

The general regime of entry, stay, rights, and sanctions of foreigners in Spain is contained in:

• Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, in its current wording and successive reforms, which can be consulted in the BOE: text of LO 4/2000.
• Main reforms: LO 8/2000, LO 14/2003, and LO 2/2009, which adjust visa regulation, types of authorization, sanction regime, and social integration, also incorporating European directives (long-term residence, human trafficking, students, return, EU Blue Card, etc.).
• Key constitutional jurisprudence that nuances rights and limits (assembly, association, education, motivation of visa denial, expulsion, detention), especially STC 236/2007 and STC 260/2007, among others.
• Regulation developing LO 4/2000, approved by Royal Decree 557/2011 (not fully included in the trace but cited in several subsequent norms, such as Royal Decree 844/2013 and Royal Decree-law 11/2018), which specifies types of visas and authorizations, procedures, and documentation.

General entry requirements and documentation

LO 4/2000 establishes that foreigners must:

• Have documentation proving their identity (usually a passport) and their status in Spain. This duty is expressly stated in the initial articles of Organic Law 4/2000 ([link]).
• When issued a visa or authorization to stay in Spain for a period longer than six months, obtain a foreigner identity card (TIE) within one month from entry or authorization grant.
• They cannot be deprived of their documentation except in cases provided in LO 4/2000 itself and citizen security regulations.

For stays for tourism or private reasons, in addition to passport and, if applicable, visa, the Order on invitation letters specifies requirements when accommodation is in a private home (Order PRE/1283/2007).

Visas, short stays, and fees

The details of visa types (transit, stay, studies, reunification, residence and work, etc.) and their effects are developed in the Foreigners Regulation and complementary norms. Among these, LO 14/2003 emphasizes improving visa management, combating fraud, and incorporating the Schengen acquis on entry regime, visas, and carrier responsibility ([link]).

Economically, visa processing fees are updated annually by orders, such as the recent Order AUC/891/2024. There are also specific visa exemption agreements for certain passport categories (diplomatic, service) with third States, for example with Kuwait (addendum with Kuwait) or the Dominican Republic ([link]).

Temporary and long-term residence, work, students, and specific groups

LO 4/2000 and its reforms distinguish various administrative situations:

• Temporary residence and work: conditioned on the existence of an adequate job offer and the management of migratory flows “according to the needs of the national employment situation,” according to the principles of Article 2 of LO 4/2000 ([link]). Collective management of hiring abroad is articulated annually by orders such as Order ISM/1417/2023 or Order ISM/1488/2024.
• Long-term residence: LO 2/2009 incorporates Directive 2003/109/EC on long-term residents into Spanish law and strengthens integration and equal treatment with nationals ([link]).
• Highly qualified professionals and other profiles linked to investment, entrepreneurship, or international mobility are regulated in Law 14/2013, supporting entrepreneurs ([link]), developed for the EU Blue Card by Order PJC/44/2026, and specified in sectoral instructions such as those related to the America’s Cup (Order PCM/861/2022) or the audiovisual sector ([link]).
• International protection and temporary protection: governed by Law 12/2009 on asylum ([link]) and directives such as 2001/55/EC on temporary protection ([link]), developed in Spain by norms such as the Regulation of the international protection reception system (Royal Decree 220/2022) and extensions of temporary protection cards for people affected by the conflict in Ukraine (Order INT/169/2024, Order INT/195/2025, and Order INT/96/2026).

Family reunification, expulsion, and return

Family reunification of third-country nationals is regulated in the Title of LO 4/2000 dedicated to family life and has been affected by constitutional jurisprudence (for example, in STC 236/2007 regarding family privacy and motivation in visa denial: [link]). The regime of exit, return, and expulsion is articulated as part of the foreigners' sanction system, reinforced by LO 14/2003, which targets irregular immigration and human trafficking ([link]), and connects with Return Directive 2008/115/EC, incorporated through LO 2/2009.

In the most serious cases (clandestine entry, repeated irregular stay, criminal conduct), the sanction may be expulsion, whose motivation and procedural guarantees have been subject to review by the Constitutional Court and the Supreme Court. Also, the existence of expulsion resolutions in other Member States may have effects in Spain, in light of EU mutual recognition regulations, mentioned in the preamble of LO 14/2003.

Finally, it should be noted that there are specific regulations on:

• Entry and rights of EU and EEA citizens (Royal Decree 240/2007).
• Uniform model of visa and residence permit in the EU (Regulation 1683/95 and Regulation 1030/2002).
• Administrative organization and registers linked to foreigners, such as the new Electronic Register of Foreigners' Collaborators (Order ISM/164/2026).