Los procedimientos sancionadores en materia de extranjería de los ciudadanos de la Unión Europea y sus familiares. Directiva 2004/38/CE. Real Decreto 240/07

Résumé

The sanctioning procedures in terms of immigrants regarding EU Citizens and their family members according to EU regulation show an absence of common specific procedural rules for those sanctioning procedures, as well as regarding the suspension of such sanctioning administrative acts, referring to the EM procedures (room for manoeuvre, principle of procedural autonomy). On the consequences of the foregoing is that the guarantees for a due process or an equative one are not clearly defined. The effects of a mistaken transposition of Directive 2004/38/EC in our internal legal system through RD 240/07 have repercussions on its application throughout the sanctioning procedures. Procedural guarantees, effectiveness and efficiency must be the base for the accomplishment of the useful effect of the DUE and the guarantee of the fundamental Rights.