Aproximándonos al derecho al asilo en España

Abstract

Asylum has an important tradition in relation to its existence, which makes it a right with a relevant filming. This study aims to provide the reader with a general vision of the right to asylum within the framework of the Spanish legal system. This is followed by a method according to the existing legislation, the most relevant doctrine on the subject and the most remarkable jurisprudential pronouncements. All this allows a basic vision of the law to be formed, which has an undeniable and indispensable international aspect, but it is also necessary to know its national aspect, in order to have a better knowledge of it. In the case of Spain, we start from the constitutional regulation to reach the legal regulation, which is also adapted to the international instruments. The key to the work is to determine who may be an applicant for the right of asylum, and under what circumstances, leaving aside the procedure to be followed, since, despite its importance, it would be difficult to address due to lack of space. In any case, the basic conclusion is that we are not only in front of an international right but also, in the Spanish case, of a new constitutional right, in the absence of other Spanish Constitutions that contain the same. In addition, in order to be a petitioner for this right, refugee status must be granted, which leads to a serious fear of persecution, which must be proven and must be based on a number of normative grounds.