Wednesday, August 10

The State Bar supports the return of minors to Morocco due to the “exceptional situation” after the migration crisis in May


The State Attorney has supported before the Contentious-Administrative Court number 1 of Ceuta the legality of proceeding to return the minors to Morocco through the 2007 Agreement signed with Rabat due to the “exceptional situation” that the Spanish city is experiencing after the migration crisis in May.

The NGOs dismiss as “nonsense” the criterion of the Government of Ceuta to prioritize the return of minors who are approaching 18 years of age

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In its brief of allegations, to which Europa Press has had access, the State Lawyers see defects of form in the appeal presented by two NGOs in the courts of Ceuta that paralyzed the repatriation of a group of minors. After the judicial order, the Executive of the city decided to suspend the repatriations pending a final resolution.

The Lawyers believe that these defects of form have been able to cause defenselessness, since the Government of Ceuta was not heard before or the work carried out by the local social services was taken into account. In this sense, it points to the Ceutí Executive as responsible for monitoring the guardianship and assistance of minors, prior to the activation of the 2007 migration agreement between Spain and Morocco.

The Legal Profession refers to the “more than verified situation of exceptionality, abnormality and humanitarian emergency” in Ceuta, with 758 minors who are in local temporary centers. “The weighting of the general interest should make consider the effective application of the 2007 Agreement,” he adds.

This morning, the president of Ceuta, Juan Jesús Vivas, had defended in an interview on Cadena SER that the returns were legal since, in his opinion, the bilateral agreement between the two countries is above the Immigration Law. At the same time, he assured that the State Bar, which now agrees with him, shared that criterion.

“I understand that what the legislation says and the principles of the law on the return of minors have been observed. But this is a specific agreement that says that the parties will agree on the best way to carry out the return and that replaces the principle of the Aliens Law, “he said this morning.

Vivas’s argument, which coincides with the one that Interior has used in recent days to justify how the return device has been developed, however, collides with what has been said so far by the National Court, which in separate proceedings has considered that “the The Immigration Law “clearly establishes” the application of an individualized procedure to repatriate minors “and that the 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 Agreement refers. Moroccan”.



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