Los derechos (civiles) de los extranjeros: el art. 27 de Código Civil y el bloque de constitucionalidad

Abstract

The article 27 CC extends the foreigners the civil rights of the Spaniards. In conformity with its historical precedents, we have to understand that these rights are all, as much private, as public, except the political rights. The mentioned rule foresees exceptions done by treaty or by other law, so that they do not extend the foreigners certain civil rights or they extend them political rights. Thanks to this rule, from the entry into force of the Constitution of 1978, the foreigners enjoyed all the constitutional rights that the Constitution only recognizes the Spaniards, with the exceptions that the Constitution, a treaty or another law could establish. The art. 3.1 of the in force law about the rights of the foreigners contains one of these exceptions to the rule of the art. 27 CC, when the right in question is recognised by the Constitution, except when the exercise of such right is regulated by the civil Code or by other laws that admit the supplementary application of this Code, since in such cases the rule of the art. 27 CC continues being applied.