EXPULSION FROM THE COUNTRY

Today I am sharing a new court order that reaffirms an essential principle of the rule of law: judicial decisions must not only be issued, but also fully and effectively enforced.

After obtaining the interim suspension of an expulsion order, the Administration improperly continued to retain my client's passport, depriving him of an essential document needed to prove his identity and carry out his daily life normally.

By Order No. 139/2026, dated 29 July, Administrative Court No. 4 of Granada held that the Administration had incorrectly implemented the interim measure, finding that the suspension of the expulsion has no real effect if the passport is not returned to the individual concerned. The order notes that, while the administrative judicial appeal is pending, the appellant is lawfully residing in Spain and orders the immediate return of the passport, while also ordering the Administration to pay the costs of the incidental proceedings.

The decision is an important reminder that the right to effective judicial protection is not satisfied by the mere formal recognition of a right. When a court orders the suspension of an expulsion, the Administration is required to take all necessary measures to ensure the full effectiveness of that decision, without maintaining restrictions that are incompatible with it.

Another ruling that reinforces the binding nature of interim measures and the Administration's duty to faithfully comply with judicial decisions.