Basic organizational structure of the Ministry of the Interior

The Official State Gazette (BOE) has recently* published the Royal Decree 207/2024 of 27 February, developing the basic organisational structure of the Ministry of the Interior, of which we highlight, for the matter at hand:

Specific changes are also made to the Directorate-General for International Relations and Foreigners, derived from the deficiencies identified following the recent evaluation of the Schengen system of external borders, strengthening the command capacity of the person holding the State Secretariat for Security in the field of border management.

(…)

Article 3. Directorate-General of the Police.

1. The General Directorate of the Police, whose head has the rank of undersecretary, is the body of the Ministry responsible for the organization, direction, coordination and execution of the missions entrusted to the National Police by the provisions in force, in accordance with the guidelines and orders issued by the head of the Department.

The head of the Directorate-General, under the authority of the head of the Secretariat of State for Security, is responsible for direct command of the National Police. In particular, it performs the following functions:

(…)

g) Direct, organize and monitor compliance with the provisions on foreigners, national identity card, passports, identity cards of foreigners, gambling, drugs, control of private security entities and services, surveillance and investigation and public entertainment, in the police field.

(…)

3. The Deputy Operational Directorate is responsible, in accordance with the directives issued by the head of the Directorate-General, for the direction, promotion and coordination of operational police functions, which at the central level will be carried out by the General Commissioners for Information, the Judicial Police, Citizen Security, Aliens and Borders and the Scientific Police, all of them with an organic level of subdirectorate-general, as well as by the Division of Operations and Digital Transformation, which will have the organic level determined in the list of jobs. These bodies are responsible for:

(…)

d) To the General Commissariat of Foreigners and Borders, the control of entry and exit from the national territory of Spaniards and foreigners; the prevention, prosecution and investigation of illegal immigration networks, and in general the police regime for aliens, refuge and asylum and immigration.

(…)

Article 5. Directorate-General for International Relations and Foreigners.

1. The Directorate-General for International Relations and Foreigners, as the body responsible for coordinating the Ministry's external action, shall perform the following functions, without prejudice to those of other bodies of the Department::

Coordination, organization and follow-up of the Department's international relations.

Monitoring the actions of the European Union in the policies and legal provisions that affect the competences of the Ministry of the Interior, especially those related to the Area of Freedom, Security and Justice, and coordinating the position of the Ministry in them.

c) The coordination of the representation of the Department in the European Union as well as the organization of the participation and coordination of the Spanish position in the groups and committees of the European institutions, within the scope of the competences of the Ministry.

Coordination in the field of international police cooperation.

The definition of the actions and programmes of action of the technical bodies of the Ministry of the Interior existing in the Diplomatic Missions, their internal organization and budgetary allocation, as well as their technical inspection and control, without prejudice to the powers of direction and coordination of the Head of the respective Diplomatic Mission.

Participation in the negotiation of international conventions and agreements.

g) The planning and internal coordination of strategic lines on migration and borders, especially in relation to the countries of origin and transit of flows, as well as in the European Union and other international organizations to which Spain is a party, within the scope of the Department's competences.

h) The planning and internal coordination of strategic lines in the field of foreigners, within the scope of competence of this Department, when these have an international dimension.

the coordination of the Department's relations with the European Border and Coast Guard Agency and the coordination of the tasks referred to in paragraph (o) of Article 2(1) relating to the European Border and Coast Agency. This function shall include coordination that requires compliance with obligations arising from the Agency’s rules, such as the proper development and updating of integrated border management plans, systems or analyses.

In the development of this competence, the Directorate-General for International Relations and Foreigners manages the National Contact Point (NFPOC) with the European Border and Coast Guard, and the Eurosur National Coordination Centre (NCC), with the contribution of the State Security Forces and Bodies.

Coordination of activities with the Ministry of Foreign Affairs, the European Union and Cooperation.

k) The promotion and negotiation of projects financed by European Funds or international organizations.

The management of international cooperation aid within the framework of Royal Decree 732/2007 of 8 June 2007 laying down special rules on aid in the field of international police cooperation.

The coordination of the organization of the relations of the head of the Ministry with the authorities of other Governments within the scope of their competences.

The coordination, within the Ministry of the Interior, of the implementation and follow-up of the Department's own matters arising from communications and reports of international human rights organizations to which Spain is a party.

2. The Directorate-General for International Relations and Foreigners is responsible for the following bodies at the organizational level of the Sub-Directorate-General:

The Subdirectorate-General for International Police Cooperation, which is responsible for carrying out the functions referred to in paragraph 1 (d), (e) and (f), as well as those referred to in paragraphs (a), (j), (k), (l) and (m), when they relate to international police cooperation.

b) The Subdirectorate-General for International Relations, Immigration and Aliens, which is responsible for the exercise of the functions referred to in paragraphs g), h), i) and n) of paragraph 1, as well as those of paragraphs a), j), k), l) and m) when they relate to immigration and aliens.

The Subdirectorate-General for European Affairs, which is responsible for carrying out the tasks set out in paragraph 1 (b) and (c), as well as those set out in subparagraphs (a), (j) and (m) when they concern matters of the European Union.

(…)

Article 15. Directorate-General for International Protection.

1. The Directorate-General for International Protection exercises the powers of the Ministry over the investigation and conduct of proceedings in the field of international protection, statelessness and temporary protection.

2. The Directorate-General for International Protection is responsible for, inter alia, the functions conferred on the Asylum and Refugee Office by the legal system, in particular the following:

a) Institutional representation in meetings of national, international or supranational bodies with competence in the field of international protection, statelessness and temporary protection, as well as intervention in the implementation of the agreements that derive from them and, in particular, from those that are developed within the European Union.

The Ministry's relations with other ministerial departments, as well as with Government Delegations and Sub-Delegations on matters relating to international protection, statelessness and temporary protection.

Coordination of the preparation of policy proposals to the Council of Ministers and the higher bodies of the Ministry, as well as to other governing bodies of the Ministries with responsibility for international protection, statelessness and temporary protection.

The relationship with judicial bodies, as well as the preparation of information and the issuance of a report on appeals filed against decisions on international protection, statelessness and temporary protection, without prejudice to the powers assigned to the Technical General Secretariat.

Provision of information relating to the processing of international protection, statelessness and temporary protection cases.

the assessment and resolution of applications submitted pursuant to Regulation (EU) 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person.

g) The assessment and resolution of requests for transfer of responsibility for refugees, in accordance with the European Agreement concerning the Transfer of Responsibility for Refugees, done at Strasbourg on 16 October 1980.

The processing of applications for international protection lodged at border posts in accordance with article 21 of Law 12/2009 of 30 October 2009 on the right to asylum and subsidiary protection.

i) The exercise of the presidency and secretariat of the Interministerial Commission on Asylum and Refuge (CIAR).

j) The investigation and resolution of administrative files on international protection that are attributed to it by current regulations.

k) The investigation and resolution of administrative files of temporary protection in cases of massive flows of displaced persons.

The investigation and resolution of administrative files on statelessness.

3. The Directorate-General for International Protection is composed of the following Subdirectorates-General::

The Subdirectorate-General for Institutional Relations and Information on International Protection, which is responsible for carrying out the functions provided for in paragraph 2 (a), (b), (e), (f) and (g).

b) The Subdirectorate General for General and Legal Affairs of International Protection, which is responsible for the exercise of the functions provided for in paragraphs c) and d) of paragraph 2.

The Subdirectorate-General for Instruction on International Protection and Statelessness, which is responsible for the exercise of the functions provided for in paragraphs (h) and (i) with regard to the IATRC secretariat, and paragraph 2 (j) (k) and (l).

4. The Subdirectorates-General referred to in paragraphs (a) and (c) of the previous paragraph shall exercise, in their respective fields, the functions assigned to the Office of Asylum and Refuge referred to in Law 12/2009., of 30 October, the Regulation recognising the status of stateless person, approved by Royal Decree 865/2001 of 20 July 2001, as well as the Regulation on temporary protection in the event of a mass influx of displaced persons, approved by Royal Decree 1325/2003 of 24 October.

(…)

Third final provision. Entry into force.

This Royal Decree It shall enter into force on the day following that of its publication in the Official State Gazette..*

* Published in the BOE dated 28/02/2024