The Ministry of Interior “abides by and respects, as it does with all judicial decisions” the decision of the European Court of Human Rights of Strasbourg (ECHR) made public yesterday that endorses the legality of border rejections of immigrants. It is the first reaction offered yesterday by sources from the department headed by Fernando Grande-Marlaska, who refused to assess whether from this ruling there is scope or not to undertake the repeal of this practice that the PSOE repeatedly promised until the arrival of Pedro Sánchez to La Moncloa “What corresponds now is to read in its entirety” the pronouncement of the Great Hall, they explained, in order to be able to determine from now on the actions that, where appropriate, will be adopted as a result of the ruling.
The Socialist Executive has justified his inaction with respect to this practice in the hope, precisely, of this sentence, which was awaited as an expression of the “adequate legal framework” under which to determine whether or not to suppress express deliveries in Spain. Once this “European position” has been established, the same Interior sources reaffirmed that their belief is “in an agreed migration policy at EU level”, of which the literature of the Great Hall is a reference. In this context, it should be understood that the ruling – which resolves that summary expulsions are “a consequence of the immigrants’ own conduct” and do not violate their rights – would give the Government of Sánchez plenty of excuse not to suppress the legal figure that in 2015 gave support to these returns in the Security Law approved by the PP. A regulation that the PSOE itself appealed to the Constitutional Court with the priority purpose, in addition to others, to banish those deliveries to Morocco from the legal system.
In the fact that the TC finally chooses to overthrow this practice lies one of the possibilities that the Executive will end up fulfilling his promise and start the repeal. As ABC already pointed out, the rapporteur of the unconstitutionality appeal has already prepared a text favorable to the nullity of the provision that regulates border rejections because they understand that they are procedures lacking effective judicial protection. The other mechanism that could make Pedro Sánchez act in the opposite direction to what was stated yesterday by the Great Hall is in the weight within the coalition of the Government of Podemos – always refractory to measures that put an end to immigration – and the demands that The Vice President Pablo Iglesias could ask about it.
In any case, it should not be forgotten that the State Advocacy already commanded by the Executive of the PSOE defended in September 2018 before the ECHR the expulsions in the fences of Ceuta and Melilla with arguments of a firmness that the PP itself had signed. Then, the legal representative of the Government of Pedro Sánchez differentiated before the European Court between “expulsion” and “entry prevention” of Spain which, he stressed, occurs not when wire fences are exceeded, but the “police line” that guards them. Pure theory of the “flexible border” coined by the Ministry of Interior of Mariano Rajoy led by Jorge Fernández Díaz.
On the sidelines, police unions and civil guard associations celebrated the Strasbourg decision, although they demanded a protocol that clarifies how agents should act in the face of irregular immigrant entry. It is, according to the Unified Association of the Civil Guard (AUGC), to provide greater legal guarantee to the work of the members of the Security Forces and to protect the borders “effectively”. The Unified Police Union, (SUP), interpreted the ruling as “the incontestable testimony that the actions against the avalanches of immigrants are proportionate, timely, legally impeccable and respectful of the law. .