Updated Tuesday, August 24, 2021 –
Pedro Snchez has summoned the president of Ceut this Wednesday in La Moncloa to discuss the migratory crisis on minors
The contentious-administrative judge number 1 of Ceuta has issued an order this Tuesday in which he orders to keep the returns to Morocco of unaccompanied Moroccan minors that the autonomous city of Ceuta has been sheltered since last May, when they produced the massive influx of immigrants to the city.
Precisely, the President of the Government, Pedro Snchez, has summoned the President of the Autonomous City of Ceuta, Juan Vivas, this Wednesday in La Moncloa to address the situation of the repatriations of minors, as confirmed by government sources to EL MUNDO.
The head of the court rejects the allegations presented by the State Attorney, who defends the returns due to the state of “exceptionality” in which the city of Ceuta was left after the arrival of thousands of irregular immigrants three months ago.
In the car, to which EL MUNDO has had access, the judge maintains the urgent precautionary suspension for nine of the 12 immigrant minors that was requested by the Coordinating Association of Neighborhoods for the Monitoring of Minors and Young People.
The head of the court orders“maintain the suspension of the material action aimed at repatriating unaccompanied minors who have not yet been returned to Morocco” after studying the allegations presented on behalf of the Government and by the Prosecutor’s Office, which always stood against expulsion without the guarantees that preserve the general interest of these minors.
Legal procedures are violated
The magistrate indicates that“If this measure is lifted, they will be allowed to repatriate them; therefore, if an estimate of the plaintiff’s claim is issued, it would be absolutely ineffective as an administrative decision that violates a fundamental right has been executed, without achieving the intended protection when the minor is in Morocco “.
Likewise, in the car it is collected that it does not appearthat none of the mandatory procedures required by the Foreigner Law have been complied with, in addition to warning that no information has been provided about the minors affected that could allow knowing the data that have determined their repatriation.
The judge reveals that “there is no record that the start of the repatriation process has been communicated either to the minors or to the Autonomous City of Ceuta despite assuming the custody of the minors, nor to the Public Prosecutor’s Office”, therefore it is not possible to know if these repatriations comply with the required procedures.
The head of the court recalls that “one of the essential principles of our legal system is that the laws must be complied with on their own terms”, and that this implies that “everyone, including the Administrations, is bound by the current regulations, without making exceptions. not expressly contemplated in the normative text itself “.
The agreement between Spain and Morocco
Failure to comply with these procedures generates “defenselessness in minors who have been deprived of the possibility of making allegations or proposing evidence; of knowing the specific data taken into account to make such a decision; and of being able to activate the resources established to render the resolution “.
For the judge, the agreement between Spain and Morocco for the repatriation of minors, dated March 6, 2007, only contains a declaration of intent by the contracting states to cooperate in the prevention of the illegal emigration of unaccompanied minors and in the return of said minors.
The court has resolved to maintain the measures issued last week, arguing that “if said measure is lifted, repatriation will be allowed, and if an affirmative judgment of the plaintiff’s claim is issued, it would be absolutely ineffective as an administrative decision that violates a law has been executed. fundamental right without obtaining the protection sought when the minor is found in Morocco “.
Against this decision, the State Attorney may file an appeal in a single effect to see if it will result in the minors being returned to Morocco.
The president of the city, Juan Vivas, declared, after ordering the paralysis of repatriations, that the court would abide by the decision regardless of its scope, and after studying the decision, the city would take the most advantageous measures looking out for the interest of the minors.
According to the criteria of