Law Advices and Legal Tips

We have not advanced much since the French Revolution proclaimed the fraternity as a motto for a more just society, or from Kant expressed the belief that rational cosmopolitanism and universal right of hospitality to foreigners for the advancement of the history and perpetual peace. Unfortunately, the crisis deepens the borders, so that “others” do not compromise the welfare of ‘our’ privileged citizens. We are not even able to ratify international conventions such as the protection of migrant workers and their families adopted by the UN in 1990 and in force since 2003. And we tore their clothes when Haidar fails to return to Morocco for a formal problem-taking “their” nationality that leverage the Moroccan authorities to place it in the limbo of those unable to return home or enter into another, without openly violating Universal Declaration of Human Rights: “Everyone has the right to leave any country including own and to return to their country.” But not to enter a country other than the “self.”
Nobody argues the eclipse of the right of the future. Freedom of movement is restricted within the States, exercising the old dogma of sovereignty by preventing the entry and stay of foreigners in its territory with the help of malleable concepts that provide an intensive and discretionary. Such as “irregular situation”, present in many texts of international and domestic law. Under the euphemism of being in that ‘situation’, the alien is regular or irregular, as the Romans distinguished between beef and beef commercium extracommercium, things that may be subject to rights and no. Things or people, who cares, this asymmetric permissiveness towards the movement of goods and difficulty in the movements of people.
Bad times to discuss the legal defense of immigrants who arrive without means, a product of structural problems of globalization, however, we individually scrutinizing one at the border airport, returning from dinghy to dinghy South, or chasing them through the streets of our cities to certify their “irregularity” and aseptically passport no matter what destination. And above, we spend in that process we do not have the money.
The Constitution states that justice will be free for those who have insufficient means to litigate, without distinction. The Legal Aid Act 1996 was to “ensure access to justice on equal terms to all citizens.” So it was not thought to evil foreigners. On the contrary, in the spirit of the Constitution, are extended the right to legal aid in administrative proceedings in cases of expulsion, rejection or return frontier, which handles the police. Then, the autonomous communities have assumed the cost of legal aid. A high and rising costs without a commensurate transfer of economic resources. One problem. Today, when the duty roster is strained by delays in payments and unjustifiable barriers to greater recognition of the right, lies the idea that litigation is encouraged by the worst motives from defenders. An unfortunate complaint to be related to the superior value of justice to avoid situations of helplessness.
The law recognizes no resources to foreigners the right to counsel (attorney) and procedural representation (attorney) in proceedings which may lead to the refusal of entry into Spain, return or expulsion from Spanish territory. An alien who at one time was in Spain may already have been deported or returned to their country when they have to defend so you can return to the average family, the average life or the commitments it has made here. However, only warrants the appointment of attorney to represent you automatically when its intervention is mandatory, not what is before the courts to review deportation orders or decisions of the police: every citizen may appear before them without solicitor, or give a proxy by proxy. However, for someone who has been deported or returned to their country is unable to attend court personally. And given from outside a deed of power will be very difficult even with the theoretical possibility of doing so by consular. An alien is left with only his lawyer, who defends the limit. It may sometimes even beyond the limit because this is the price of betting on the right of defense.