Análisis crítico del RD 178/2003algunas deficiencias y su necesaria reforma

Abstract

This article analyzes some provisions of the new RD 178/2003, of February 14, on entrance and permanency in Spain of nationals from the EU member States and from other States part in the Agreement on the European Economic Space. We begin delimitting the personal field of application of the RD 178/2003, examining its article 2 in relation to the community norms detecting its contradiction with these. Next the new regulation about the expedition of visa for the national relatives of third countries is approached realizing that the Spanish law is incomplete. In third place, some thoughts are made on the dispositions connecting with the visa exemption to verify its deficiency: for unnecessary, contrary to the community and even unconstitutional right; and lastly, once examined the uncertainty generated about who the beneficiaries of the exemption residence cards are, we'll try to see the role that play the general regime of alien in the regulation specially foreseen for the EU and the AEES nationals. We conclude doubting about the opportunity of the new regulation because the introduced restrictions and for not having followed the rules indicated in modifications that are being gestated in the EU.