As a response to complaints presented by various associations involved with immigrant rights, the Supreme Court has recently proceeded to override various provisions of Royal Decree 162/2014 of 14 March regarding Foreigner Internment Center Regulations (CIES), considering them contrary to the European law, the Spanish Immigration law, and the Constitutional Court jurisprudence.
Specifically speaking, one of the annulled provisions contradicted the European Directive 2008/115 of 16 December, which maintains in its articles the right of detained families awaiting deportation to to separate accommodation guaranteeing them adequate privacy. This obligation was addressed very vaguely in former articles in the Foreigner Internment Center Regulations (CIES), far from what is stated in the strict formulations recognized by the European Standard.
In the same judgement they also overrode other provisions of the Operating Regulations and Internal Regime within the Foreigner Internment Centers, addressing the possible foundation of new centers and internal records due to considering them contrary to what is clearly written in the Immigration Law and the Constitutional Court jurisprudence.
Translated by: Katherine Pascal