Los derechos sociales de los inmigrantes en el marco de los derechos fundamentales de la persona: puntos críticos a la luz de la nueva reforma «pactada»
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Abstract
Contrary to a widespread opinion, the Organic Law on Foreign Status 4/2000 maintained important elements of continuity with the 1985 Law, especially as regards the procedure for the control of migration flows. In this sense, the reform carried out on the 2000 Law by Law 8/2002 meant a worsening in the statute regarding the personal and citizenship rights of one group of emigrant workers: those who have «irregular» status. The work, after analysing the contrast between reality and the reasons put forward by the legislator to reform the 2000 Law, explains in detail the systematic structure of the law and the main new features of the 2002 reform, concentrating especially on the restriction, in some cases unconstitutional, which the conditioning to the prior obtaining of residence permits means for the principle of integration for the equality of rights.
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