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Author(s): Pablo Santolaya Machetti

Journal: Revista d'Estudis Autonòmics i Federals
ISSN 1886-2632

Issue: 4;
Start page: 159;
Date: 2007;
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Keywords: CCAA | subcentral competences | CCAA | competence distribution central-subcentral | immigration | statutory reform

This article discusses the division of constitutional jurisdiction as it relates toa suitable foreign policy for the strengthening of the autonomous state. Italso treats the growing importance of the migratory phenomenon consistingof the state establishing specific foreigner and immigration rights. Thismeans that any decisions that imply entry into or expulsion from the nationalterritory and the autonomous communities are made in accordance withtheir own political frameworks, available funds, standards of rights and aresubject, even in the case of foreign immigrants, to sectorial jurisdiction. Thestatutes may be an instrument, at least in part, for regulating this new reality.The reforms analysed deserve to be judged separately, however some ofthem, in particular the Catalan and, especially, the Andalusian statutesshow a clear willingness to confront a problem that cannot be avoided, theinfluence of immigration on their responsibilities, and to approach these withacceptable solutions that are more than likely in keeping with the logic of adecentralised state. Nevertheless, it is vital that reform to immigration lawsand the delegation of responsibilities regarding residency accompany thesestatutory provisions. Furthermore, it is perfectly possible to opt for a generalisationof the current model in the two aforementioned statutes and thisis the most reasonable course of action to take.
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