Marlaska wants more tools, but not another migratory battle in Brussels

After the Ceuta crisis, the Minister of Interior will ask his counterparts from the Twenty-Seven to strengthen Frontex, early warnings, and cooperation with third countries to accelerate returns, while Spain tries to prevent the hardening of the migration discourse from reopening the debate on the Migration and Asylum Pact.

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The Government seeks on the international stage to normalize the situation in Ceuta and turn the page as soon as possible with its community partners. After the meeting of the Interior officials of the bloc, held days after the start of the migration crisis, the contacts in Brussels have been channeled by the team of the Ministry of Foreign Affairs. However, this Thursday, Minister Fernando Grande-Marlaska will sit again at the table of the Twenty-Seven and will ask for new tools to strengthen border management.

In the minister's team, there are fears that the reform of Frontex's role that the European Commission is working on will serve to reopen the Migration and Asylum Pact again, at a time when the capitals are still beginning to apply its provisions. Therefore, at his own request, Grande-Marlaska will inform his counterparts in the morning about the current state in the autonomous city, to then request an enhancement of cooperation with third countries that allows improving the return levers.

Brussels prepares a reform of Frontex

One of the lessons learned in the European context is the acknowledgment of the need to double down on early warnings. This is where the reform of Frontex will come into play, announced by the President of the European Commission, Ursula von der Leyen, during the State of the Union address (SOTEU). The proposal seeks for the agency to obtain a better understanding of the situation at the external borders, accompanied by "greater operational support in the context of managing the external borders," as indicated by the commissioner in charge, Magnus Brunner.

The issue is particularly relevant for Spain due to the position of Ceuta and Melilla as external borders of the European Union. For the Government, strengthening European capacities must allow anticipating scenarios of migratory pressure and improving coordination among member states, without necessarily implying a revision of the regulatory framework that the capitals have just begun to apply.

The PP demands in Congress more presence of Frontex and faster asylum procedures
The PP demands in Congress more presence of Frontex and faster asylum procedures -

In this context, the Spanish Executive wants the European response to focus on strengthening the available tools, rather than opening a new legislative process that could alter the balance reached during the negotiation of the Migration and Asylum Pact.

In parallel, Brussels also wants to develop a "flexible framework" to take advantage of the tools available under the Digital Services Act (DSA). The idea is to create new protocols that guarantee structured and immediate cooperation, as well as the exchange of information with large online platforms.

The objective is to improve the capacity for anticipation in the face of migratory pressure situations and to allow community institutions and member states to react more quickly to scenarios that develop through the digital environment. The Commission thus wants to integrate existing monitoring and coordination capabilities within a more structured European response.

Brussels wants to accelerate returns

The European Commission also has among its objectives to accelerate the returns of migrants in irregular situations in the region. In fact, sources from the Spanish Government coalition confirmed that in recent days contacts between community institutions and the heads of Foreign Affairs and Interior had intensified to push forward the Royal Decree-law that contained the measure.

In Sumar, they celebrate that the text was ultimately not approved in the last Council of Ministers because they assert that, despite fitting into "the Migration and Asylum Pact," it does not fit "in a progressive Executive." "Spain cannot be the testing ground for this hardening of policies," commented MEP Estrella Galán in an informal conversation with journalists this Wednesday.

The ministers of Sumar explain the measures adopted in the Council of Ministers regarding housing
The ministers of Sumar explain the measures adopted in the Council of Ministers regarding housing -

The position of the government partner outlines the second dimension in the debate that the Government has opened: the adaptation of national tools to the new European framework of migration and asylum, but also the political limits within the coalition itself. The discussion occurs, moreover, when member states are beginning to transfer the new obligations derived from the Migration and Asylum Pact to their national regulations and procedures. In this context, any additional modification of return instruments may have implications for the homogeneous application of the European framework.

Germany requests new tools

For its part, the German Government, led by Friedrich Merz, wants new legislative measures that allow to deny entry or carry out returns without individual asylum procedures in the case of migrants "used in a hybrid attack".

This was reflected in the amendments introduced by his party, the CDU, in a resolution during the political convention of the European People's Party. That is to say, they seek to suspend asylum in crises like the one experienced last July. The issue raised the pressure on the European debate. While Spain demands tools to improve the management of external borders and returns without altering the balance of the Pact, Germany proposes to expand the margin of action of States in situations considered as hybrid attacks. Diplomatic sources insist that this request is already regulated in national legislation and provides for the automatic suspension of resources with third countries. "The Migration and Asylum Pact achieves a balance between responsibility and solidarity," they defend in the Executive.

The team of Minister Marlaska defends that it wants to continue "using our asylum procedure", with the endorsement of the European Court of Human Rights, while asking to "provide tools to the Pact without the need for the suspension of the right to asylum".

The Spanish position, therefore, is to strengthen operational and cooperation capacities with third countries without altering the principle of access to the international protection procedure. It is at this point that the Government wants to position its dialogue with the rest of the European partners.

Marlaska seeks to reduce tension among the Twenty-Seven

Marlaska will seek in the meeting to reduce the tension initially experienced among his counterparts due to "the lack of solidarity". Sources from the Ministry believe that one of the conclusions of the management of this crisis has been precisely the lack of support from many European partners. "What it achieved is to show the tremendous weakness of the bloc. The EU can be fragmented with a snap," expresses a diplomat who recalls that this had not happened in crises like that of Lampedusa.

The reference to European coordination is particularly relevant for Spain, which aims to prevent a situation of migratory pressure at an external border from generating uncoordinated national responses. The Government wants the management of Ceuta to be integrated within a common European response, with shared tools and anticipation mechanisms that allow action before the pressure reaches critical levels. "We will ask to look at Schengen broadly on the map," they repeat in the minister's team.

The meeting of the Interior ministers of the Twenty-Seven will thus serve to measure how much room there is to strengthen border management tools, cooperation with third countries, and return, without opening a new negotiation on the Migration and Asylum Pact.

For the Spanish Government, the priority starts with consolidating the framework that the capitals are beginning to apply and taking advantage of the new capabilities that Brussels is preparing, especially in terms of Frontex, early warnings, and operational cooperation. At the same time, the crisis in Ceuta has once again brought to the table a question that runs through the entire European border system: to what extent are member states prepared to respond in a coordinated manner when pressure concentrates on an external border of the Union.

More key points, information and questions with FREN

AI-GENERATED CONTENT

What is the current parliamentary status of the reform of Frontex's role proposed by the European Commission?

As of October 1, 2026, the reform of Frontex's role announced by the European Commission is not yet in a formal parliamentary processing phase in the strict sense of the ordinary legislative procedure. That is, the Commission has announced that it will present a legislative proposal to strengthen the mandate of the European Border and Coast Guard Agency, but that proposal is not yet registered as a COM regulation or directive, with a rapporteur appointed in the European Parliament or open negotiations with the Council.

According to the Commission's 2026 work program, in the "Migration and Border Management" block, a legislative initiative of "Strengthening Frontex" is planned, along with the digitization of return procedures, both with indicative presentation in the third quarter of 2026. It aims to reinforce the agency's operational role in returns, improve the deployment of the permanent corps, and expand its capacity to support Member States in managing external borders and cooperating with third countries.[1]

The monitoring carried out by the European Parliament itself of the Commission's files ("legislative train") confirms this framework: the reform of Frontex's mandate appears as a planned initiative, included in the legislative programming, but not as a file already underway with a formally presented text, distributed to committee, and subject to amendments or a rapporteur's report.[2][3] In practice, this means that the proposal is still in the internal preparation phase within the Commission (services work, impact assessment, political adjustments) and in the pre-political debate in the European Parliament, but the co-decision procedure has not yet been activated.

From the Council's side, guidance documents on the future of Frontex and external border management reflect political and strategic debates—especially regarding the implementation of the Migration and Asylum Pact, cooperation with third countries, and internal security—but do not yet include a "general orientation" or a negotiation mandate related to a concrete proposal to revise the Frontex Regulation presented in 2026.[2] That is, Interior ministers and ambassadors discuss scenarios and priorities but are not yet negotiating a new regulation text article by article.

In parallel, the European Parliament has continued approving other rules related to borders and migration (for example, reforms of return rules or the entry/exit system), and political resolutions calling for strengthening the protection of external borders and better use of Frontex. However, these pieces are part of other legislative or political control files and do not yet amount to a specific, autonomous, and ongoing reform of the agency's regulation.[4][5][6]

There is also a prior body of decisions and acts on Frontex, such as the European Parliament's 2010 decision on the agency's accounts closure for the 2008 fiscal year, published in the Official Journal of the EU.[7] Such decisions are part of budgetary control or financial management but are unrelated to the structural revision of the mandate now announced.

With the information available from the official sources consulted (Commission work program, European Parliament "legislative train" sheets, and Council documentation), the situation can be summarized as follows:

  • European Commission: has announced a legislative proposal to strengthen Frontex in its 2026 work program, with an indicative schedule in the third quarter, but no definitive COM text publication or formal submission to Parliament and Council is yet recorded.[1][2]
  • European Parliament: considers the reform as a planned and preparatory file. There is no registered procedure with a dossier number, assigned competent committee (likely LIBE), formal rapporteur, or position adopted in committee or plenary.[2][3]
  • Council of the EU: has debated the future of Frontex and the agency's use within the broader framework of migration and security policies but has not yet set a general orientation on a concrete reform proposal of the regulation.[2]

Therefore, as of today, the parliamentary status of the reform of Frontex's role proposed by the Commission is that of an announced initiative in a preparatory phase, which has not yet entered the formal phase of ordinary legislative processing (there is no first reading, no trilogues, nor final adoption at the considered moment).

Main references: 2026 work program of the European Commission and "legislative train" sheets of the European Parliament on the Frontex strengthening file and the revision of the European Border and Coast Guard Agency regulation.[1][2][3][5]

Can you explain what substantive changes are expected to be included in that future reform of Frontex's mandate? How does this Frontex reform fit with the European Migration and Asylum Pact and what political tension does it generate among Member States? What position have the main political groups in the European Parliament taken regarding expanding Frontex's powers?

What are the powers and functions of the Minister of the Interior regarding migration management according to Spanish law?

In the Spanish legal system, the powers of the Minister of the Interior in migration matters are articulated by combining their general position as a Government member with specific functions derived from immigration, asylum, security, and border legislation, and from the organic structure of the Ministry itself.

First, under the Spanish Constitution and Law 50/1997, on the Government, the Minister of the Interior, as head of a ministerial department, exercises:

  • Political and administrative direction of interior policy within the scope assigned by the Government, with autonomy and responsibility in managing their department, according to the scheme described in the Government Law (departmental principle and responsibility in executing the President's and Council of Ministers' guidelines).
  • Collegiate participation in defining general immigration policy, which corresponds to the Government under article 149.1.2ª CE and Organic Law 4/2000, on the rights and freedoms of foreigners. This law establishes that the Government is responsible for defining, planning, regulating, and developing immigration policy, and the Minister of the Interior is one of the direct executors regarding flow control, borders, and security.
  • Power of initiative and regulatory development in their scope: proposes draft laws and royal decrees to the Council of Ministers, and issues ministerial orders and development provisions in matters such as immigration, border control, detention, and police action.
Border control, immigration, and asylum

A central part of the Minister of the Interior's migration functions derives from Organic Law 2/1986, on Security Forces and Corps and specific immigration and asylum legislation:

  • The Organic Law on Security Forces and Corps, in connection with article 104 CE, places the Security Forces and Corps dependent on the National Government (National Police and Civil Guard) under the authority of the Ministry of the Interior, which assumes ultimate responsibility for public security, including control of entries and exits from national territory and actions derived from immigration, refuge and asylum, expulsion, emigration, and immigration legislation.
  • Organic Law 4/2000 and its regulations assign to the State, and in practice to the Ministry of the Interior, the execution of measures such as border control, processing and execution of expulsions and returns, and combating irregular immigration and human trafficking, in coordination with other departments and administrations.
  • Regarding asylum and international protection, Law 12/2009, regulating the right to asylum and subsidiary protection, establishes the general framework. Although the management of the reception system is mainly located in the Ministry of Inclusion, Social Security, and Migration (Royal Decree 220/2022, on the reception system), the Ministry of the Interior is key in the access and control phase (border points, identification, documentation, and security) and in border procedures.
Direction of police bodies and migration devices

The specific functions are detailed in the organic structure of the Ministry of the Interior (Royal Decree 734/2020, developing the basic structure, and development rules such as Order INT/859/2023, on the Directorate General of Police):

  • The Minister of the Interior is the hierarchical superior of the Directorate General of Police and the Civil Guard, and through them directs:
    • The General Commissariat of Immigration and Borders, responsible for controlling entry and exit of Spaniards and foreigners, practical application of immigration, refuge, and asylum legislation, and pursuing illegal immigration networks.
    • The Central Unit of Illegal Immigration Networks and Document Falsification, reinforced by the creation of the Investigation Brigade of Networks and the External Action Brigade, which channels international cooperation in combating these networks.
    • The Central Repatriation Unit, responsible for the operational organization of expulsions and returns.
    • The National Immigration and Borders Center and liaison units with the FRONTEX Agency, key in managing the EU's external borders.
    • Border posts, immigration units, and documentation units in the territory, which manage visas at borders, foreigner documentation, and controls at ports and airports.
    • The International Cooperation Division (SIRENE Office, INTERPOL National Central Office, EUROPOL National Unit), involved in information exchanges and joint operations on migration, trafficking, and smuggling.
Foreigners' Detention Centers and return measures

Royal Decree 162/2014, approving the Regulation of foreigners' detention centers (CIE), details that these centers, of a non-penitentiary nature, are intended for precautionary detention linked to expulsion files. In this area, the Minister of the Interior is responsible for:

  • Political and regulatory direction of the detention regime (rights and obligations of detainees, security measures, coordination with control judges and the Public Prosecutor), in execution of Organic Law 4/2000.
  • Supervision of the National Police, which guarantees the security of the centers and processes expulsion files and effective departure from the territory.
Coordination with other administrations and integration policies

Finally, Organic Law 4/2000 emphasizes that the Government must promote integration of foreigners and coordination between the General State Administration, autonomous communities, and local entities. The Minister of the Interior participates in this coordination from the security and flow control perspective, as well as contributing to strategic immigration plans and international agreements (such as administrative agreements with UNHCR published in the BOE) that impact resettlement programs, international protection, and migration crisis management.

In summary, the Minister of the Interior is responsible for the security dimension, border control, execution of immigration regulations, and management of detention and return within Spanish migration policy, acting in close coordination with other ministries competent in employment, inclusion, and foreign policy.

Could you detail how the Minister of the Interior coordinates with the Ministry of Inclusion in the asylum seekers' reception system? What exact role do the General Commissariat of Immigration and Borders and the Civil Guard have in controlling maritime and land borders? How are the rights and guarantees of foreigners detained in CIEs under the Ministry of the Interior's responsibility regulated?

What legal requirements must be met to suspend the right to asylum in cases of hybrid attacks according to European and national legislation?

Within the European and Spanish framework, there is no full "suspension" of the right to asylum, not even in the face of hybrid attacks or instrumentalization of migratory flows. What is admitted are procedural and reception restrictions in crisis situations, always subject to very strict limits: absolute respect for the non-refoulement principle, prohibition of collective expulsions, judicial control, proportionality, and temporality.

1. European framework: what can be flexibilized and what cannot

In the European Union, the starting points are:

  • EU Charter of Fundamental Rights: Article 18 recognizes the right to asylum according to the Geneva Convention and the Treaties; Article 19 expressly prohibits collective expulsions and any return to a country where there is a serious risk of death penalty, torture, or inhuman treatment.
  • European Convention on Human Rights (ECHR) and its Protocols, published in the BOE (for example, the Resolution of April 5, 1999, consolidated text of the Convention, and Protocols No. 4 and 7). Article 3 of the ECHR and Article 4 of Protocol No. 4 are interpreted as a de facto prohibition of returns to risk of torture and collective expulsions.

These instruments set a hard core: non-refoulement cannot be derogated nor collective expulsions authorized, not even in states of emergency. Any crisis regime of the European Migration and Asylum Pact (procedures regulation, crisis management regulation, and instrumentalization) can only:

  • Allow longer deadlines or procedures at the border (screening, accelerated processing).
  • Authorize derivations between Member States or reinforced solidarity mechanisms.
  • Provide for simplified forms or more austere reception conditions.

But it must always guarantee:

  • Effective access to an individualized international protection procedure (real possibility to request asylum and have the case examined).
  • Individual risk assessment of return and respect for family unity and vulnerable groups.
  • Judicial control over inadmission decisions, border rejection, detention, and expulsion.
  • Proportionality and temporality: exceptional measures only while the crisis or "instrumentalization" situation lasts and to the strictly necessary extent.

In summary, even in the face of strategic use of migratory flows as a "hybrid attack," EU law allows modulating how and where asylum is processed, but not eliminating the right to request it nor the individual examination, nor authorizing automatic mass returns.

2. Spanish framework: Constitution, asylum, and exceptional states

In Spain, the axis is the Constitution and its reception of international and European law:

  • Article 13.4 CE orders that the law regulate the right to asylum.
  • Articles 15, 10.2, and 96 CE require interpreting rights according to treaties such as the ECHR and the Geneva Convention, reinforcing the inalienable nature of the prohibition of torture and non-refoulement.

Law 12/2009, on asylum and subsidiary protection (BOE-A-2009-17242) develops this mandate. Among other aspects:

  • Recognizes the right to request international protection at any point of access to the territory (including borders and CIEs).
  • Provides for border procedures and grounds for inadmission, but always with basic guarantees: legal assistance, interpreter, appeal with possible suspensive effect, and UNHCR participation.
  • Allows not admitting manifestly unfounded or abusive applications, but does not contemplate a "generalized suspension" of asylum for security or crisis reasons.

Organic Law 4/2000, on foreigners and its reforms regulate entries, expulsions, and detentions, but under the same umbrella: all migration control measures must respect the right to request asylum and the prohibition of return to serious risk. Constitutional jurisprudence (for example, STC 53/2002, regarding staying at the border while admission is decided, and STC 236/2007 on foreigners' rights) insists on:

  • Requiring organic law basis to limit fundamental rights of foreigners.
  • Guaranteeing individual motivation and possibility of judicial control in expulsions and detentions.

Organic Law 4/1981, on states of alarm, exception, and siege foresees the restriction or suspension of some fundamental rights with formal declaration and control by the General Courts. However:

  • The prohibition of torture and inhuman treatment and the non-refoulement principle are considered untouchable, even in states of exception or siege.
  • Although border controls can be reinforced, circulation limited, or people concentrated in certain devices, it is not legally possible to authorize mass returns without individual examination nor to block access to the asylum procedure wholesale.
3. Real margin in the face of "hybrid attacks"

Combining these levels, the Spanish and European margin in the face of hybrid attacks or instrumentalization of flows can be summarized as:

  • Formal requirements: any intense restriction would require at least an organic law in Spain (and, if it affects rights susceptible to suspension, a declaration of a state of exception with parliamentary intervention), in addition to respecting the applicable European regulatory framework.
  • Absolute material limits: prohibition of torture and inhuman treatment, non-refoulement, and prohibition of collective expulsions; impossibility of suppressing the right to request international protection.
  • Relative material limits: measures must be necessary, proportionate, non-discriminatory, temporally limited, and subject to effective judicial control.

Consequently, European and Spanish legislation only allows, in the face of hybrid attacks, more restrictive and accelerated management of asylum exercise (border procedures, shortened deadlines, limited detentions), but not suspending it in its essential core nor turning the response into automatic expulsions or hermetic closures of access to the procedure.

Could you detail what specific measures the European Migration and Asylum Pact regulations provide for crisis or instrumentalization situations? How has the European Court of Human Rights applied the non-refoulement principle in cases of summary returns at the border? What margin would the Spanish Government have to tighten border controls without declaring a state of alarm, exception, or siege?

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What does Minister Marlaska request from his European counterparts regarding migration management?

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What position does Germany maintain regarding the management of migrants in hybrid attack situations?

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