The National Court has finally rejected the urgent suspension requested by the Unified Police Union (SUP) and allows the occupation of 16,000 square meters of the port of Ceuta to continue in order to set up a camp for more than 1,000 of the migrants who entered the autonomous city in the massive crossing on July 30 and 31. The court justifies its decision, which means that the Government can continue with its plans to transfer about 1,800 migrants who are still camped on Trampolín beach to this site, by considering that there are “reasons of special general interest, linked to the protection of national security, the preservation of public safety, the proper care of people affected by the crisis situation, and the protection of the economic and social stability of the city of Ceuta.”
However, the court emphasizes that with its decision this Thursday it is still resolving the substance of the conflict, and that it only concludes that “the adoption of the requested measure is not justified.” Despite this, after the judicial ruling became known, the Government rushed to applaud the speed with which the National Court resolved the union’s appeal. “We reiterate that the port grounds are the most suitable and have all the security guarantees to carry out the operation,” government sources added.
The SUP had appealed to the Contentious-Administrative Chamber of the National Court against the Ministry of Transport’s resolution of September 5 to install the camp in the Ceuta port and requested the immediate suspension of both the occupation of the facility and the implementation of the planned reception device on an urgent basis. That is, without previously hearing the administration. The union argued that the decision to set it up had not been notified or published in the Official State Gazette (BOE), and justified its opposition on the grounds that hosting such a large number of people in what is a critical facility posed a risk.
The three judges who were to study the appeal issued on Thursday a provision (a judicial resolution that advances a procedure but does not address the substance of the matter) ordering the suspension of work and transfers in the camp while they studied the file requested from Óscar Puente’s department and made a decision. This was made known this Thursday in an order highlighting that the temporary occupation of the port was agreed upon in the context of the situation of interest for the national security situation declared in Ceuta and that its ultimate goal is to set up a provisional infrastructure for the humanitarian care of migrants.
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In its ruling, the National Court recalls that, although the Ceuta Port Authority had opposed the project on September 4, considering that the occupation of the space was “incompatible with the normal operation of the port,” another body, State Ports, had issued a favorable report recognizing “reasons of general interest,” although it conditioned the installation of the camp on the adoption of measures to guarantee “the security, protection, and normal operation of the port.” The judges acknowledge “the special urgency” in setting up the infrastructure to rehouse the migrants.
The National Court emphasizes that the Transport file “makes no statement about the specific conditions under which humanitarian care will be provided nor about the conditions of service provision by police officers.” The SUP had precisely denounced the lack of prior security guarantees; neither were the required controls in port protection, emergencies, fires, civil protection, and occupational risk prevention accredited. The union also warned about the proximity of sensitive infrastructures, including facilities linked to the storage or distribution of fuels, electricity, and other essential services, which required specific protection mechanisms.
