The participation rights of people foreigners in the new statutory framework Andalusian

Abstract

The evolution of Spain and Andalusia from an emigration to an immigration society has aroused the need to define the citizenship statute of foreign resident population. This paper argues that citizenship cannot be reduced to its formal definition as synonymous with nationality and appeals to its participatory content. It argues that the participation inherent to citizenship cannot be reduced to strict political participation, the boundaries of which are set in Article 13.2 of the Spanish Constitution, that it also embraces participatory mechanisms broadly understood. Both the Spanish Constitution and the new Statute of Autonomy for Andalusia, it explains, allow for a substantive approach to citizenship that integrates foreign residents within a diversity of participatory provisions beyond voting rights. This paper further claims that only this substantive, participatory and inclusive approach to citizenship is constitutionally coherent and that it must thus prevail over the limits of formal citizenship.