The European Commission has supported this Tuesday the possibility of returning unaccompanied migrant minors to Morocco who remain in Ceuta, provided that their return is carried out respecting the specific guarantees established by European Union law and, in particular, the best interests of the child.
"We continue to insist that the expectation is that all those who remain illegally in Ceuta will be returned," stated in a press conference the community spokesperson for Internal Affairs, Markus Lammert. Brussels has also valued the statements of the Spanish Government assuring that those who are irregularly in the autonomous city will not be transferred to the Peninsula.
When specifically asked if that criterion also includes unaccompanied foreign minors, Lammert pointed out that their situation "is regulated by EU law" and referred to the provisions of the Return Directive approved in 2008.
What the EU requires to return an unaccompanied minor
The European regulation does not generally prevent the return of an unaccompanied minor, but establishes specific conditions before executing the expulsion.
The Return Directive requires that, before making a decision, the minor receives assistance from the relevant services taking into account their best interests.
Furthermore, before proceeding with the expulsion, the authorities of the member state must ensure that the minor will be handed over to a family member, to a designated guardian, or to suitable reception services in the country of return.
Therefore, the support expressed by Brussels does not imply an automatic or collective return of all minors who have entered Ceuta. Each return must comply with the guarantees provided in community legislation for this specially protected group.
The new regulation maintains specific guarantees
Community sources explain that the new European return regulation, agreed upon last June by the European Parliament and the Council but still pending formal approval and entry into force, maintains provisions for unaccompanied minors similar to those of the currently applicable directive.
The new regulation generally tightens the European expulsion policy and contemplates the possibility of establishing return centers in third countries, although unaccompanied minors are excluded from this type of agreements.
The text does open the door to using biometric controls to determine or verify age and considers the detention of minors only as a "last resort" and during "the shortest period possible".
Brussels calls for collaboration between Spain and Morocco
The European Commission has insisted that it expects Spain and Morocco to collaborate so that returns can be carried out effectively and in accordance with European legislation.
Brussels has also taken note of Morocco's willingness to facilitate the return of unaccompanied foreign minors and has reiterated its offer to "facilitate and support" the process.
At the same time, the Commission has valued Spain's announcement to increase its reception capacity to address the situation of migrants arriving in Ceuta and to attend to what the community executive defines as a "humanitarian situation".
The position expressed this Tuesday by Brussels is particularly relevant in the case of minors: their status as minors does not legally prevent their return to Morocco, but it requires the application of additional safeguards before executing any return.