Sánchez refuses to amend the rejection law in Ceuta

The Sanchez government does not currently contemplate modifying the legislation that regulates border rejections in Ceuta and Melilla, despite the legal vacuum recently highlighted by the Supreme Court and the mass influx of migrants recorded on July 30.

Legal sources consulted by The Objective consider the response adopted by the Executive insufficient and demand a regulatory change via royal decree to clarify explicitly when so-called pushbacks can be applied to those who enter Spanish territory by sea.

The current regulation dates back to 2015, when the government of Mariano Rajoy introduced an additional provision in the Aliens Law to specifically regulate border rejections in Ceuta and Melilla. The problem arises where there is no continuous physical barrier delineating the border, such as at the Tarajal breakwater, whose structure only extends a few meters into the sea.

Following the July 30 crisis, the Executive installed a containment barrier of approximately 500 metres near the Tarajal and took a similar measure in Melilla. Moncloa considers this action sufficient to practically resolve the issue identified by the Supreme Court.

However, the lawyers consulted by The Objective warn that a physical barrier does not necessarily resolve the legal vacuum. "What happens if someone who has crossed over the barrier claims before a judge that they skirted it? We would be in the same situation as the Algerian who won his case in the Supreme Court," notes one of these sources. Specialists argue that adding a few lines to the additional provision of the Aliens Law would suffice to clarify the application of border rejection in these scenarios.

Another source consulted believes the Executive could approve the reform through a royal decree, which would immediately come into force before being subject to parliamentary validation. According to this interpretation, the Government would have the necessary majority to pass it, given that it would not face significant opposition in Congress for such a measure.

"Sánchez had more than enough time but does not want to convene the Council of Ministers during peak holiday season, even if it's urgent and via videoconference," asserts one of the sources cited by The Objective. The president would not even need to physically return to Madrid. Presidency has what is known as the Bravo mesh, a secure encrypted infrastructure allowing secure communications and videoconferences between Moncloa, ministries, and key crisis management bodies.

Sources familiar with the internal workings of Presidency also question why neither the National Security Council nor the Situation Committee has been convened following this magnitude of crisis. One accuses Moncloa of being more concerned with controlling the public narrative than activating the extraordinary mechanisms designed to respond to an emergency.

Concern grows with the calls disseminated on social media to attempt new entries towards Ceuta and Melilla on August 15. "If Morocco does not stop the call on social media for August 15, we will find ourselves in the same situation in Ceuta," warns one of the people consulted.

The management of the migration crisis has also provoked strong tensions within the Department of National Security (DNS), an entity integrated into the Prime Minister's Office. According to recent reports, references to the migration situation in Ceuta have disappeared from some of its public reports following the controversy sparked by information disseminated immediately after the influx. The DNS then published that more than 49,000 migrants had entered Ceuta illegally in just 24 hours through the Tarajal breakwater and beach. This publication caused considerable unrest within the Executive. Subsequent reports indicated that both the Interior Minister, Fernando Grande-Marlaska, and the President's Chief of Staff had expressed their displeasure at the publication of such figures directly from an entity under Moncloa's purview. The communication officer of the DNS withdrew the text and was subsequently dismissed, despite having held the position for eight years. The official was on vacation and had to return to Madrid to collect her belongings after receiving orders to vacate her office in Moncloa.

This episode has generated significant internal controversy and led the press to speculate about the lack of preparation and coordination within the Government in responding to the migration crisis. The coming week will be crucial in determining whether the Executive will take concrete measures to address the legal vacuum identified by the Supreme Court and prevent future similar crises.

Piece prepared by the newsroom from cross-checked sources in several countries.