The National Court summons as witnesses the president of Ceuta and the former chief of staff of the Government delegate.

As of today, the National Court's investigation into the massive entry of migrants in Ceuta is in a phase of formally opened criminal instruction, with the National Court declared competent, the city of Ceuta recognized as a private prosecutor, and moves to consolidate other proceedings opened in Ceuta courts into this case. The investigation phase has not yet been closed nor have specific criminal responsibilities been determined, and the procedure continues aimed at clarifying what happened, who organized it, and whether there were serious crimes against the security of the State and the rights of migrants.

According to available information, the case originates from a complaint by the Iustitia Europa party regarding the massive entry of people from Morocco, and the magistrate of the National Court María Tardón opened preliminary proceedings and requested reports from the National Police and Civil Guard. Subsequently, she issued an order declaring that the National Court is competent and must investigate the substance of the case, noting indications of possible crimes against the peace or independence of the State, crimes against the rights of foreign citizens, negligent homicides and injuries, and criminal organization, all connected with the deaths that occurred in the context of the migration crisis (Demócrata).

The National Court Prosecutor's Office has expressly supported this court handling the case, due to the possible partial commission of the acts outside Spain and their impact on basic State institutions. Chief prosecutor Jesús Alonso has personally taken on the matter and has identified, among the criminal offenses to be assessed, facilitation of irregular immigration, negligent homicides and injuries, and the possible existence of a criminal organization that would have promoted or coordinated the massive entry (Demócrata).

On the evidentiary level, a report from the National Immigration and Borders Center (CENIF) of the National Police has already been incorporated, analyzing images, social networks, and other indications, concluding that it was not a merely accidental phenomenon, but that there was prior planning and “active guidance” of migrants from Moroccan territory, with participation of Moroccan security forces in the movement towards crossing points (Demócrata). This report has generated a strong institutional clash between the Interior Ministry and the National Court, but the Court's Governing Chamber has closed ranks with the judge and endorsed her actions (Demócrata).

The investigation is not currently directed, according to published information, against specific government individuals; its object is, in legal terms, the “factual and operational sequence” of the massive entry of migrants and their possible organizers. In fact, the order consolidating the National Court's jurisdiction emphasizes that opening the investigation does not imply attributing criminal responsibility yet to Morocco or specific individuals; that identification is part of the ongoing instruction (Demócrata).

From the parties' perspective, the magistrate has recognized the Government of Ceuta as a private prosecutor, allowing the autonomous city to access the proceedings, propose investigative measures, and claim criminal and civil responsibilities arising from the facts (Demócrata). Additionally, the Popular Party has announced its intention to appear in the case as a prosecutor, so the list of parties involved is expected to expand (Demócrata).

Meanwhile, the judge is trying to unify procedures. She has formally requested from the Ceuta Court of Instruction the file opened against the Government delegate in the city for the same facts, in order to assess whether to consolidate it with the main case. The Ceuta court has already recused itself in favor of the National Court, understanding that it is the same chain of events and that there is an objective and subjective connection between both investigations (Demócrata; Demócrata).

Regarding the next foreseeable steps, based on what has been published, it can be expected that, in this preliminary proceedings phase:

• The consolidation of the pieces coming from Ceuta into a single procedure in the National Court will be completed.
• Police, military, and intelligence reports that the Government has announced it will declassify about the crisis will be incorporated if the judge considers them relevant.
• Statements will be taken from complainants, police officials, and other key witnesses and, eventually, political figures if indications suggest their possible criminal involvement.
• The possible crimes under investigation and the circle of persons or entities that could be considered responsible will be more precisely defined.

Only once this phase is completed will the instructor decide whether to totally or partially archive the case, whether to direct it against specific persons — with the possible status of suspects — and, if applicable, whether to transform the procedure into an abbreviated criminal process that could lead to an oral trial. Until then, we are talking about an open investigation in the instruction phase, without definitive conclusions or public formal charges against the Interior Minister, although with a clear political and media focus on his management.

The Statute of Autonomy of Ceuta establishes the president as the highest political authority of the city and the central figure in the relationship between the Assembly and the Government Council. Juan Jesús Vivas, from the Popular Party, has held this position continuously since 2001, making him the longest-serving autonomous president in Spain, with a career closely linked to local Ceutan politics.

Powers and attributions of the president of Ceuta

The basic legal framework is in the Organic Law 1/1995, Statute of Autonomy of Ceuta. In particular, the section regulating the president is found in the provisions where the Statute describes the institutional bodies of the city and their functioning (articles on the Assembly, the President, and the Government Council). From the located fragments, the following functions mainly emerge:

• Institutional headship of the city (article related to the President): the president “holds the supreme representation of the City.” Therefore, he is the highest political representative of the Autonomous City before the State, other communities, and abroad.
• Presidency of the Ceuta Assembly: the Statute establishes that the Assembly is governed by a Board “composed of the President of the City, who shall preside over it…”. This implies that he directs plenary sessions, orders debates, and ensures the proper functioning of the representative body.
• Presidency and direction of the Government Council (article on the President and the Government Council): the president “presides over the Assembly, the Government Council, whose activity he directs and coordinates.” Therefore, he is the head of the Ceutan executive, responsible for setting priorities, coordinating ministries, and leading government action.
• Appointment and dismissal of councilors: the Statute grants him the power to freely appoint and dismiss members of the Government Council, reporting to the Assembly. He may also “temporarily delegate his own executive functions to some members of the Council.”
• Mayor status: the Statute provision specifies that the President “also holds the status of Mayor.” In Ceuta, therefore, the headship of the autonomous executive and the municipal mayoralty are combined in one figure.
• Election and appointment: he is elected by the Assembly “from among its members and appointed by the King.” The election must be among those heading lists with representation and requires an absolute majority in the first vote; if no one obtains it, the head of the most voted list is designated.
• Relationship of confidence with the Assembly:
  • He may raise a vote of confidence on his program or a declaration of general policy; if the Assembly does not grant it, he must resign and a new president is elected.
  • He is subject to a constructive vote of no confidence: the Assembly may demand his responsibility through a motion that includes an alternative candidate; if it passes by absolute majority, the candidate is understood to be invested and appointed new president.
• Responsibility and dismissal of the Government Council: the Council ceases, among other cases, due to “resignation, incapacity or death of its President,” by approved vote of no confidence, or by denial of requested confidence; the outgoing president and his Council continue in office until the new one takes office.

In summary, the president of Ceuta combines the headship of the executive, the presidency of the Assembly, the status of mayor, and the highest institutional representation, with a direct parliamentary confidence link to the Assembly.

Political background of Juan Jesús Vivas

Institutional and press data allow the following profile to be drawn:

• Personal data and education: stakeholder profiles place him as born in Ceuta in 1953 and note that he holds a degree in Economics from the University of Málaga, in addition to having developed his career as a career civil servant in the Ceuta City Council.
• Affiliation to the Popular Party: all sources identify him as a leader of the Popular Party. Demócrata highlights that he is “the longest-serving PP leader in his position since 2001” and his public activity shows close alignment with the national leadership, particularly with Alberto Núñez Feijóo.
• Presidency of the Autonomous City since 2001: the press (Demócrata) emphasizes that “Vivas has been leading the region for 25 years and is the autonomous president with the longest uninterrupted time in office in all of Spain,” a fact published in 2026, which places the start of his mandate in 2001.
• Successive re-elections: although the consulted sources do not list each election individually, they clearly indicate that he has renewed his leadership in successive elections. The Senate note on Ceuta Day indicates that in the 11th Legislature both the Assembly and the Government Council are presided over by Juan Jesús Vivas, and official databases list him again as President of the Autonomous City since May/June 2023, without an end date, confirming his continuity after the last elections.
• Current situation: administrative records list him as President of the Autonomous City of Ceuta and the abundant institutional and media activity from 2024–2026 (meetings with the central Government, visits from ministers, audiences with the King, and participation in forums such as the Fórum Europa) clearly place him in office in the current legislature.
• Recent role in the 2026 migration crisis: reports from Demócrata and various institutions (Government, Defense, FEMP, PP) present him as a central figure in managing the July 2026 migration crisis, highlighting his defense of Ceuta in terms of “institutional loyalty” but also firmness towards the central Government and Morocco.

No systematic lists of all his internal PP organizational positions have been found in the consulted databases, but the set of sources confirms that his political career is marked by a long career in Ceuta's local administration, his membership in the Popular Party, and continuous leadership at the head of the Autonomous City from 2001 to date.

The actions of security forces and bodies and, where applicable, the Armed Forces in the face of massive or irregular entries of immigrants into Spanish territory are not regulated by a single “special law,” but by a framework of constitutional, organic, and regulatory norms, combined with European Union law on border control and asylum.

1. Basic constitutional framework

The Spanish Constitution of 1978 establishes the fundamental principles:

• Articles 10 and 15 CE: dignity of the person and right to physical and moral integrity, prohibition of inhuman or degrading treatment, also applicable to foreigners.
• Article 13: recognizes public freedoms for foreigners “under the terms established by treaties and law” and refers to a law for the right of asylum (art. 13.4).
• Article 104: entrusts the Security Forces and Bodies with the mission to “protect the free exercise of rights and freedoms and guarantee citizen security”; their basic regime will be developed by organic law.
• Article 8: sets the mission of the Armed Forces (territorial integrity and constitutional order), relevant only in exceptional cases.
• Article 116 CE: provides for states of alarm, exception, and siege, when migratory pressure is linked to a serious disruption of normality.

2. Organic Law on Security Forces and Bodies

Organic Law 2/1986, on Security Forces and Bodies develops the mandate of art. 104 CE. It establishes:

• The basic principles of action (legality, proportionality, congruence, minimal harm, neutrality, respect for fundamental rights).
• The distribution of functions among National Police, Civil Guard, autonomous and local police, including border and coast security (in particular, Civil Guard in maritime and border areas).
• The framework for cooperation and coordination among forces, relevant in situations of massive entries in Ceuta, Melilla, or coasts.

3. Immigration and asylum regulations

The specific regime for controlling irregular entries and treatment of migrants rests on three major blocks:

• Organic Law 4/2000, on the rights and freedoms of foreigners in Spain (and its reforms). It regulates:
  • Conditions of entry and stay (visas, border controls, short stays).
  • Regime of border returns and expulsions, with guarantees and appeals.
  • Administrative detention and internment in CIEs under judicial control.
  • Coordination between administrative authorities and security forces in combating irregular immigration and trafficking networks.
• The Immigration Regulation (Royal Decree 557/2011, which develops Organic Law 4/2000) details:
  • Operational procedures at border posts, ports, and airports.
  • Forms of action upon detection of irregular entries by sea (interception, transfer, identification, handing over to competent authority).
• Law 12/2009, regulating the right of asylum and subsidiary protection, which defines:
  • The right to request international protection even at the border or in waters under Spanish jurisdiction.
  • Abbreviated procedures in detention centers and transit zones.

4. Exceptional states and civil protection

If the massive entry is considered a serious disruption of normality, the following may come into play:

• Organic Law 4/1981, on states of alarm, exception, and siege, which:
  • Allows concentration under a competent authority (Government or autonomous president) of all civil and police authorities in the affected area.
  • Enables measures limiting movement, requisitions, temporary occupation of facilities, etc., always with proportionality and parliamentary control.
• Law 17/2015, of the National Civil Protection System, which, in situations classified as serious emergencies, articulates coordination among administrations, security forces, and, if necessary, armed forces for rescue, reception, and humanitarian assistance.

5. Coordination with Armed Forces and coordination authorities

Military action in this context is supported by the Constitution (arts. 8 and 62) and sectoral regulations approved by the Government, such as:

• Orders creating coordination authorities against irregular immigration (for example, in the Canary Islands or in the Strait and Alboran Sea), integrating Civil Guard, Maritime Rescue, Navy, and other services.
• Orders creating the maritime surveillance centers of the Civil Guard, which coordinate the operational response on the coast and high seas.

6. European framework: external borders and Frontex

Over all the above is superimposed European Union law:

• The Schengen Borders Code (Regulation (EU) 2016/399), which sets:
  • Rules for controlling external borders.
  • Conditions for denial of entry and actions at land, sea, and air border crossings.
• Regulation (EU) 2019/1896, on the European Border and Coast Guard Agency (Frontex), which regulates:
  • Joint operations of Spain with Frontex in the Mediterranean and Atlantic.
  • Obligations regarding fundamental rights, search and rescue, and safe disembarkation.

In summary, the Spanish response to massive entries of immigrants is governed by the Constitution, the Organic Law on Security Forces and Bodies, the Immigration Law and its regulation, the Asylum Law, the Organic Law on exceptional states, the Civil Protection Law, coordination regulations with the Armed Forces, and the European framework of Schengen and Frontex, always under the principle of respect for human rights.