Ceuta reinforces security after the disturbances: 12 detained and 40 more riot police

The situation of interest for National Security in Ceuta has been declared very recently by governmental means through Royal Decree 681/2026, of August 25, published in the BOE, and has been complemented with another Royal Decree on Resource Declaration and a Situation Report approved by the Council of Ministers on August 25, 2026. As of today, what exists is a declaration in force adopted by the Government; in official databases it still does not appear associated with a specific parliamentary procedure beyond the general control that the Chambers may exercise.

1. Current parliamentary situation of the declaration on Ceuta

From the official information consulted, the following results:

• Within the Executive branch, there is the Royal Decree 681/2026, of August 25, "declaring the situation of interest for national security in the city of Ceuta," published in the BOE and also referenced on the La Moncloa website.
• The same Council of Ministers also approved a Royal Decree approving the Declaration of Resources to be used in the situation of interest for national security in the city of Ceuta, pursuant to article 29 of Law 36/2015, and a Situation Report on the humanitarian and migratory crisis in the city of Ceuta.
• In the Cortes, there are initiatives related to National Security, illegal immigration, and Ceuta and Melilla (non-legislative motions, oral and written questions, etc.), but there is not yet a specific parliamentary file processing or modifying the declaration of the situation of interest in Ceuta.

In strict terms, therefore, the declaration for Ceuta is in an essentially executive phase: it is an act of the President of the Government formalized by royal decree, subject to parliamentary control (debates, questions, appearances, resolutions), but not to ratification nor to a parliamentary “state” comparable to a bill or legislative proposal.

2. Applicable legal framework

The regime for these situations is found in Law 36/2015, of September 28, on National Security, interpreted, as it affects the declaration of the situation of interest, by the Constitutional Court Ruling 184/2016.

• The “situation of interest for National Security” is a crisis situation that requires reinforced coordination of the competent authorities under the Government’s direction, but it is addressed with ordinary powers of the Administrations and does not allow suspension of fundamental rights.
• The law assigns to the President of the Government the competence to declare the situation by means of a royal decree.
• The declaration must indicate, at least: definition of the crisis, territorial scope, duration and possible extension, functional authority (if any), and resources to be used.
• The Government must immediately inform the Congress of Deputies of the declaration, the measures adopted, and the evolution of the situation.

3. Legal steps for the extension

Law 36/2015 expressly foresees that the declaration must state its duration and, if applicable, its possible extension. From this framework it follows:

• The extension does not occur automatically: it requires a new formal act by the President of the Government, also by royal decree agreed in the Council of Ministers.
• This new royal decree must modify or complement the previous one, specifying the new period of validity and, if appropriate, the adaptation of resources and organization.
• Again, the Government must inform the Congress of the decision to extend and the situation of the crisis. Parliament may react through debates, appearances, non-legislative motions, resolutions, or even legislative initiatives that condition or regulate in more detail this type of situation.

4. Legal steps for lifting or cessation

The lifting follows a symmetrical logic:

• When the circumstances that justified the situation of interest for National Security in Ceuta disappear, the President of the Government must issue a new royal decree that declares the cessation of the situation or nullifies the initial declaration.
• This termination royal decree is also adopted in the Council of Ministers and published in the BOE, setting the date of loss of validity of the special situation.
• Again, the Government must report to the Congress on the decision and the evaluation of crisis management.
• Parliament does not formally “lift” the situation (it is not a state of alarm or exception), but it can politically force the closure through resolutions, legislative initiatives, or even political responsibility mechanisms if it considers the extension unjustified.

In summary: the declaration of interest for National Security in Ceuta is today a royal decree in force issued by the Government, subject to the control of the Cortes but without its own parliamentary processing; its extension or lifting always requires a new royal decree by the President of the Government, with immediate information to Congress and full adherence to the ordinary parliamentary control framework.

Law 36/2015, of September 28, on National Security, does not specifically and automatically assign the Minister of Territorial Policy the status of functional authority in situations of interest for National Security. What it does is define, in general terms, the figure of the functional authority in these situations, who will be designated case by case by the President of the Government in the royal decree declaring the situation of interest for National Security. Therefore, the Minister of Territorial Policy can be the functional authority when so designated, and in that case assumes the powers that the law provides for that figure.

According to Law 36/2015 (text in the BOE), the situation of interest for National Security is characterized by:

• The seriousness of its effects.
• The scale, urgency, and cross-cutting nature of the measures necessary to address it.
• The need for reinforced coordination of the competent authorities, using their ordinary powers.

The declaration of this situation is made by the President of the Government by royal decree, which must include, among other elements, "the appointment, if applicable, of a functional authority, and the determination of their powers to direct and coordinate the necessary actions." That is, the royal decree itself specifies the scope of the functions of the head of the Ministry designated as functional authority.

Generally, the functions and powers of the functional authority in these situations, which would apply to the Minister of Territorial Policy if designated, can be summarized as follows:

• Operational direction and coordination: assumes the direction and coordination of the necessary actions to manage the crisis, based on the ordinary powers of each Administration. The law emphasizes that the situation is addressed with ordinary means and without suspension of fundamental rights.
• Promotion of coordinated management: acts as a driving and cohesion point among the different ministerial departments, autonomous communities, and other involved Administrations or bodies, ensuring an integrated response within the framework of the National Security System.
• Application of plans and use of resources: uses the preparation plans and resource provision foreseen in the law and the catalogs of human and material resources approved by the Government, to ensure they are mobilized and distributed gradually and proportionally to the needs of the situation.
• Presidency or leadership of crisis structures: the regulation foresees that the Specialized Crisis Management Committee of the National Security Council is chaired by a member of the Council itself or, if applicable, by the designated functional authority. If the Minister of Territorial Policy were appointed functional authority, they could chair that body in the specific management of the situation.
• Channeling of information: guarantees the flow of information among the Administrations, the coordination bodies of the National Security System, and the Government itself, facilitating that the President of the Government and the Council of Ministers can make informed decisions.
• Proposal of measures: in coordination with the National Security Council and its specialized committee, can propose strategic and operational guidelines and measures to address the crisis, within the framework set by the declaration royal decree and the applicable legislation.

Law 36/2015 also establishes that, in the situation of interest for National Security, the President of the Government will convene the National Security Council to exercise the functions of direction and coordination of the management of the situation. In cases where a functional authority is designated, the National Security Council advises on their appointment and continues to play a role of strategic advice and supervision, while the functional authority assumes the coordinated day-to-day management.

In summary, the Minister of Territorial Policy, when acting as functional authority in a situation of interest for National Security, is the central piece of direction, coordination, and operational management of the public response, under the political direction of the President of the Government and within the framework of the National Security System defined by Law 36/2015. Their specific powers are set in the declaration royal decree, always respecting that actions are taken with the ordinary powers of the Administrations and without suspension of fundamental rights.

In Spain, the return or repatriation of unaccompanied migrant minors is strongly conditioned by the principle of the best interests of the child and by immigration and child protection regulations. In practice, the law configures repatriation as an exceptional and highly protective measure, which can only be agreed upon if it is demonstrated to be the most favorable option for the minor.

1. Basic regulatory framework

• Organic Law 4/2000, on Immigration (LOEX), especially its article 35 on unaccompanied foreign minors and the new articles 35 bis and following on extraordinary migratory contingencies.
• Immigration Regulation, approved by Royal Decree 557/2011, whose chapter III of title XI (arts. 189‑198) develops the requirements and procedure for repatriation.
• Framework Protocol on certain actions regarding Unaccompanied Foreign Minors, approved by Agreement published by Resolution of October 13, 2014 (BOE-A-2014-10515), which specifies administrative practice (age determination, registration in RMENA, repatriation processing, etc.).
• Organic Law 1/1996, on Legal Protection of Minors, and its reform by Law 26/2015 (BOE-A-2015-8470), which set principles (best interests of the child, right to be heard, protection against violence) and rules on return and family reunification.
• Specific bilateral conventions and agreements (for example, with Senegal and Romania) on repatriation of unaccompanied minors.

2. Legal requirements for repatriation

From the LOEX, its Regulation, and the Framework Protocol, among others, these essential requirements emerge:

• Best interests of the child as the decisive criterion: repatriation can only be agreed if it is proven that return to the country of origin or another host country is the best solution for their development and protection (art. 3 of the Convention on the Rights of the Child and LO 1/1996).
• Location and assessment of the family or a safe care resource in the country of origin: it must be verified that the minor will be reintegrated with their family or in an adequate protection center and that there will be no risk to their safety.
• Non-refoulement guarantee: repatriation is prohibited if it exposes the minor to persecution, violence, trafficking, exploitation, or any serious violation of rights.
• Participation and hearing of the minor: they must be heard according to their age and maturity, and their opinions must be taken into account. The intervention is based on the right to be heard established in LO 1/1996.
• Mandatory intervention of the Public Prosecutor: supervises the entire process to safeguard the rights of the minor, including age determination and the repatriation file.
• Guardianship or custody by the public child protection entity of the autonomous community: from the moment minority and absence of adult references are confirmed, the public entity assumes protection, according to the Civil Code and LO 1/1996.
• Processing before the Government Delegation/Subdelegation: these are the immigration authorities competent to decide on repatriation and, if applicable, on residence authorization.
• Documentation and residence authorization: if repatriation under safe conditions is not possible, LOEX and Law 26/2015 provide for documentation of the minor and granting of residence authorization; this authorization does not prevent a later repatriation if it is shown to be in their benefit.

3. Legal procedure for return/repatriation

The procedure, as described by the Immigration Regulation and the Framework Protocol, can be summarized in these phases:

• 1) Location and initial police action
  The Security Forces locate the minor, record their data, and register them in the Registry of Unaccompanied Foreign Minors (RMENA). If there are doubts about age, the Public Prosecutor is notified.
• 2) Age determination
  The Public Prosecutor leads an age determination file when minority is uncertain. They may authorize medical tests, always with informed consent and respect for the minor’s dignity. Their decree is provisional and reviewable.
• 3) Assumption of guardianship and protection
  Once minority is declared, the public child protection entity of the autonomous community assumes immediate reception and, if applicable, guardianship. An individual protection plan is prepared, which may include a family reintegration program (Law 26/2015).
• 4) Investigations for repatriation
  The protection entity, in coordination with the Government Delegation/Subdelegation and consular authorities of the country of origin, analyzes:
  • Possible location of the family and their caregiving capacity.
  • Existence of adequate reception centers in the country of origin.
  • Absence of risks to the minor’s integrity and rights.
• 5) Proposal by the protection entity and administrative file
  When repatriation is considered possible and appropriate, the protection entity submits a proposal to the Government Delegation/Subdelegation, accompanied by social, educational, and psychological reports, as well as information gathered from the country of origin.
• 6) Administrative resolution
  The Government Delegation/Subdelegation issues a reasoned resolution, after hearing the minor and with a report from the Public Prosecutor. If sufficient guarantees are not met, it must opt for documentation and residence in Spain.
• 7) Appeals and judicial control
  The resolution is appealable administratively and in contentious-administrative proceedings. Additionally, decisions affecting guardianship, custody, and protection measures may be subject to control by the juvenile and family courts, according to LO 1/1996 and the Civil Code.

In sum, Spanish legislation does not conceive the “return” of unaccompanied minors as a mere immigration procedure, but as a child protection procedure subject to strict substantive guarantees (best interests, non-refoulement, safe environment in origin) and formal guarantees (hearing of the minor, public guardianship, prosecutorial intervention, reasoned resolution, and judicial control).