The Prosecutor’s Office has asked the Contentious-Administrative Court number 1 of Ceuta to “maintain” the precautionary stoppage of the returns of minors issued last Monday, when it suspended the repatriation of nine Moroccan migrant minors whom the Administration planned to expel. same day and the next. The resolution pushed the Government Delegation and the local Executive to extend the decision on all children and adolescents alone who continue to be sheltered since the border crisis in May, more than 700.
The National Court dismantles the justification of Marlaska and the Ceutí Government to defend the returns of minors
Legal sources have explained to elDiario.es that the prosecution’s allegations are based on the fact that “the same circumstances persist” that led the judge to impose the very precautionary measures requested by the Coordinadora de Barrios association and the Fundación Raíces after considering it “accredited” that for the execution of the forced returns “neither an administrative file has been initiated, nor has any resolution been issued in relation to the repatriation of the minors”, but the government authorities have limited themselves to “considering sufficient” a 2007 Agreement between Madrid and Rabat without submitting to the provisions of the Spanish regulations in this regard.
The Public Ministry is also supported in its position by the order of the National Court that, this Wednesday, has warned that in the articles of that text it is stated that repatriations can only be carried out “with strict observance of Spanish legislation, norms and principles of international law and the provisions of the Convention on the Rights of the Child “.
The Contentious-Administrative Judge of Ceuta gave 72 hours from the date of notification of its resolution to the Prosecutor’s Office and the Government Delegation on Monday to claim “in order to resolve on the maintenance or modification of the adopted measure.” . Local Executive sources have advanced to elDiario.es that the City does not plan to resume the returns until the decision made by the magistrate in this regard is known.
The order of the National Court
The latest judicial setback of the National Court has made it clear this Wednesday that the Spanish-Moroccan pact in which the Governments of Ceuta and Morocco are protected does not exempt from compliance with Spanish legislation. The Court’s order emphasizes that the Aliens Law “clearly establishes” the application of an individualized procedure to repatriate minors. The resolution also concluded that the order to activate the repatriations came from the department led by Fernando Grande-Marlaska.
After the request for the urgent suspension of the instruction with which the Interior ordered the returns of minors from Ceuta, the National Court ruled out the expulsion immediately, but opened the door for the competent courts of the autonomous city to decide, as stated is doing so far. The argumentation of the Contentious Chamber has gone further and stated that returns of minors can only be carried out based on the procedures “provided for and regulated in detail in Spanish legislation to which the Spanish-Moroccan Agreement refers.”