Judge Tardón requests from Vivas the record of his calls with Sánchez and his chief of staff during the Ceuta crisis.

As of today, the National Court is not processing an autonomous criminal case limited exclusively to the events of May 2021 in Ceuta, but rather a broader investigation into the massive entry of people recorded on July 30 and 31, 2026, in which the previous episodes of 2021 and 2024 are being taken into account as part of a possible organized pattern. This case is in the preliminary proceedings phase and still far from a possible trial.

Current status of the investigation at the National Court

According to information gathered by Demócrata and other media, the judge of the National Court María Tardón opened preliminary proceedings (Preliminary Proceedings 64/2026) following a complaint from Iustitia Europa about the “massive irregular entry” in Ceuta on July 30 and 31, 2026. From there:

• The magistrate has declared the National Court competent to investigate facts that could be classified as crimes against the peace or independence of the State, crimes against the rights of foreign citizens, negligent homicides and injuries, and criminal organization, as well as facilitation of irregular immigration.
• The National Court Prosecutor's Office has expressly supported this body taking on the case and has also requested that part of the investigation remain secret in order to carry out sensitive proceedings.
• The judge has requested reports from the General Commissariat of Immigration and Borders, from Police and Civil Guard Intelligence units, and from intelligence agencies; among them stands out a police report pointing to an organized operation from Moroccan territory and the “active guidance” of migrants by Moroccan security forces.
• Tardón has also requested from the Government the declassified documentation on the Ceuta crisis, and has requested the court of the autonomous city to send her the case opened against the Government delegate, Miguel Ángel Pérez Triano, for his actions regarding prior alerts.
• The Ceuta court and the Prosecutor's Office have argued that the possible responsibility of the delegate should be investigated together with the main case at the National Court, to avoid parallel investigations and contradictions.

In parallel, the Government of Ceuta has appeared in the proceedings and political forces such as the Popular Party have announced or formalized their appearance as popular accusation, reinforcing the political and media nature of the case.

Link with the May 2021 crisis

The events of May 2021 — the arrival of nearly 10,000 people in two days, including a large number of minors — have already given rise to other proceedings, such as the conviction in the Provincial Court of Cádiz (seat of Ceuta) for the illegal returns of minors in August 2021.

In the current investigation at the National Court, what is being examined is whether that 2021 crisis, along with other episodes (for example in 2024), is part of a common sequence of planned massive entries, relevant to legally qualify the July 2026 operation as a concerted action against the territorial integrity of Spain or as the action of organized criminal structures.

In other words: May 2021 does not currently appear as a separate proceeding before the National Court, but as a precedent and possible link in the same line of investigation.

Expected next procedural steps

While the case remains in preliminary proceedings, the following reasonably expected milestones are:

• Reception and analysis of all police, intelligence, and other department reports (including documents declassified by the Government and files sent from Ceuta).
• Decisions on accumulation and scope: the judge must decide whether to fully integrate into the main case the piece related to the Government delegate in Ceuta and to what extent to expressly incorporate the 2021 and 2024 episodes as part of the procedural object.
• New statements: the summoning of witnesses and possible suspects (police commanders, administrative officials, and other actors involved in management and reception of alerts) is foreseeable to clarify what information was held and what decisions were made.
• Possible expansion of the financial investigation if the hypothesis of organized criminal networks is consolidated (UDEF, UCO, SEPBLAC), to trace possible financiers or beneficiaries.
• Once the main proceedings have been carried out, the judge must choose between:
  • Issuing an archiving order, total or partial, if there are not sufficient indications of crime or specific criminal responsibility; or
  • Issuing an abbreviated procedure order, delimiting the facts and the persons investigated, which would open the way to the indictment or dismissal filings and, if appropriate, to the opening of oral trial before the National Court itself.

In summary, the investigation at the National Court into the Ceuta migration crisis is clearly in an instructive and preliminary phase. The events of May 2021 are currently considered part of the context and possible chain of episodes to analyze, but there is not yet a closed qualification nor specific responsible parties heading to criminal trial for those events in this proceeding.

According to the Statute of Autonomy of Ceuta (Organic Law 1/1995, of March 13), the President of the Autonomous City of Ceuta is the highest political authority of the city, holds its supreme representation, and directs the main executive body. His powers combine functions of institutional representation, political and government leadership, presidency of the Assembly and the Government Council, and the exercise of powers typical of the mayor in the local regime.

The Statute establishes that the institutional bodies of the city are the Assembly of Ceuta, the President, and the Government Council. Within this framework, the President occupies a central position:

1. Institutional representation of the City

• The President "holds the supreme representation of the City." This means he acts as the first authority of Ceuta before the State, other autonomous communities and cities, and before external institutions and actors (public bodies, social entities, etc.).
• As the highest representative, he politically embodies the will of the City and assumes the leading role in defending its interests in relations with the General State Administration and other administrations.

2. Presidency of the Assembly of Ceuta

• The Statute provides that the Assembly will be "governed by a Board composed of the President of the City, who will preside over it, and two Vice Presidents." That is, the President of the City is also president of the Assembly.
• The Assembly meets "upon convocation by its President," who sets the frequency according to the internal Regulations and also calls extraordinary sessions when he decides or when at least one quarter of the members request it.
• Politically, the Assembly elects the President of the City from among its members and can demand political responsibility through a motion of censure, which must include an alternative candidate for the Presidency. If the motion succeeds, the proposed candidate is appointed President.

3. Direction of the Government Council and the Executive

• The Statute states that "the President of the city of Ceuta presides over the Assembly, the Government Council, whose activity he directs and coordinates." The Government Council is the collegiate body that holds the executive and administrative functions of the City.
• The Government Council is responsible for "the direction of the city's policy and the exercise of executive and administrative functions," without prejudice to the powers reserved to the Assembly. The President sets that direction and ensures the coordination of the councilors.
• The President "appoints and removes the Councilors" and may "temporarily delegate his own executive functions" to some members of the Council, reporting to the Assembly. This ability to structure and reshape the Government is one of his main levers of power.

4. Relationship of confidence with the Assembly and political responsibility

• The President, after deliberation of the Government Council, may submit to the Assembly a question of confidence on his program or on a general policy declaration. Confidence is understood to be granted if a simple majority of the Assembly votes in favor.
• If the Assembly denies confidence, the President must resign and the procedure for electing a new President is opened, according to the provisions of the Statute itself.
• The Assembly may demand responsibility through a motion of censure, which, if approved by an absolute majority, implies the replacement of the President by the candidate included in the motion.
• The Government Council ceases, among other cases, due to resignation, incapacity or death of the President, as well as by the approval of a motion of censure or the denial of a question of confidence; in all these cases it continues in office until the new Government takes office.

5. Status as Mayor and local regime functions

• The Statute expressly indicates that "the President, who also holds the status of Mayor," is elected by the Assembly of Ceuta and appointed by the King. This implies that he accumulates the functions typical of the head of the autonomous executive and of the mayoralty of a municipality.
• The Assembly exercises the powers that, according to the Law regulating the bases of the local regime, correspond to the Plenary of the town councils, and may delegate certain powers to the Government Council. As Mayor, the President participates in this enhanced local government scheme.
• In matters such as the "surveillance and protection of its buildings and facilities" and the "local police" (under the terms established by basic state legislation), the President politically guides the actions of the services dependent on the City.

6. Regulatory power and execution of the City's powers

• The City of Ceuta has its own and executive powers in multiple areas (territorial planning, urbanism, tourism, health, social assistance, civil protection, internal commerce, environment, etc.). In all of them, the President and the Government Council direct the administrative action.
• The Statute foresees that, under the terms established by state legislation, the City exercises regulatory normative power for the development and organization of its powers. The President promotes and coordinates this regulatory power through the Government Council.

Overall, current legislation configures the President of the Autonomous City of Ceuta as head of the Executive, president of the Assembly, mayor, and highest institutional representation, with a framework of powers that uniquely combines autonomous and local elements.