The contentious administrative court number 1 of Ceuta has maintained the precautionary paralysis of the returns of minors to Morocco, requested by the NGO Coordinadora de Barrios, considering that the Administration has not complied with “none” of the procedures that the legislation complies , according to the car to which elDiario.es has accessed. The magistrate dismisses the argument put forward by the State Bar, which appealed to the situation of “exceptionality” that emerged in the autonomous city in recent months to justify non-compliance with the Immigration Law.
“One of the essential principles of our ordinance is that the laws must be complied with in their own terms. This implies that everyone, including the Administrations, has the obligation of the current regulations, without making exceptions not expressly contemplated in the normative text itself”, upholds the judicial resolution. “In the present case, Spanish legislation does not introduce any exception in the processing of the aforementioned procedure, so the number of minors in Ceuta cannot be taken into consideration due to the situation generated on May 17 to justify the breach of legal provisions “.
The judge clarifies the discrepancies that have arisen regarding the responsibility for non-compliance with the regulations in the operation, after the Ministry of the Interior discharged the competition in the Autonomous City of Ceuta. The court indicates that the Government Delegation is responsible. As the order concludes, the legislation “expressly attributes to said body the competence to carry out the procedures related to the repatriation of an unaccompanied foreign minor.”
“There is no evidence that any of the mandatory procedures have been complied with” and “no information has been provided on the affected minors that allow us to know the data that have determined their repatriation; there is no evidence that the beginning of the repatriation process has been communicated or to minors or to the Autonomous City, despite assuming the custody of minors, or to the Public Prosecutor’s Office, “says the magistrate