The crisis in Ceuta has many dimensions, including the presence of more than 10,000 migrants still in the city, growing health concerns due to extremely poor conditions, and the issue of unaccompanied children, which is becoming increasingly acute and could spark a serious political clash between the government and autonomous communities. According to official sources from the Ministry of Internal Affairs, the National Police have identified at least 2,168 children between July 30 and early Tuesday morning. The actual number may be higher, as some children hide to avoid registration for fear of deportation.
Position of the European Commission
The European Commission said on Tuesday that everyone illegally present in Ceuta should be returned to Morocco, including children who have crossed the border, citing that EU legislation also provides for their return. Marcus Lammert, spokesperson for the European Commission for Internal Affairs, told a press conference in Brussels: “We continue to insist that everyone who is illegally in Ceuta is expected to be returned.” He welcomed the intention of the government of Pedro Sánchez not to transfer illegal migrants from Ceuta to the Iberian Peninsula.
When asked whether the term “all” also covers minors despite the special protection afforded by EU law, Lammert replied that “this is regulated by EU legislation.” He added that the Return Directive, adopted in June, provides for the return of migrants in an illegal situation, “including unaccompanied children.” “Therefore, this is also covered by EU legislation,” he noted, stressing that the European Commission expects “the return of all those who are illegally in Ceuta,” and that Spanish and Moroccan authorities must work to ensure the “effectiveness” of these returns.
Conditions of the EU Return Directive
The EU directive referred to by the Commission does not allow automatic return of unaccompanied children; it requires that any return respect safety standards for minors. Spanish authorities must ensure that children are sent back to parents, relatives or guardians in the country of return. Locating families may be easier in Morocco, given its willingness to cooperate with Spain, but the process can be more complex or lengthy for children from countries south of the Sahara.
In the section on unaccompanied children, the directive explains that such a minor “will be heard” directly or through a representative or qualified person, particularly when assessing the child’s best interests. “No later than the transfer of the unaccompanied child outside the territory of the Member State, the authorities of that Member State must ensure that the child will be returned to a family member, an appointed guardian, or an appropriate reception facility in the country of return,” the directive states.
Marcus Lammert did not comment on these details at the press conference, only noting that a legal basis exists for such actions. He acknowledged Morocco’s intention to facilitate the return of all unaccompanied foreign children. In this regard, Brussels confirmed its offer to “facilitate and support” the process and welcomed Spain’s statement on expanding reception capacity to address the “humanitarian situation” of illegal migrants.
Prior to the adoption of the EU Return Directive in June of last year, the Supreme Court of Spain declared illegal the mass return of children to Morocco carried out after the migration crisis of 2021. The court highlighted the “absolute non‑compliance” with guarantees established by the foreigners’ law, especially the need for an individual assessment of each child’s circumstances to ensure their best interests. These guarantees must be respected even when an agreement, such as the 2007 coordinated return treaty with Morocco referenced by the government in 2021, is in place.
Source: El Mundo
