The European Commission has said Spain is permitted under EU law to return all migrants who crossed into Ceuta at the end of July, including children who arrived without family.
It told reporters it expects to repatriate everyone staying irregularly in the city once Morocco maintains control of the situation and agrees to take them.
The Commission’s comments come amid a political row in Madrid, where opposition figures have been pressing the Government to show firmer control over irregular arrivals in Ceuta. The issue has become a test of how quickly Spain can act on repatriations while staying inside EU rules.
Brussels kept its distance from the domestic argument and said the law already allows returns, but only once Morocco is ready to take people back and the child-protection safeguards are met.
Its interior spokesperson, Markus Lammert, who speaks for the European Commission on justice and home-affairs matters, said the expectation is that everyone staying irregularly in the city will be sent back once Morocco regains control of the situation and accepts them.
Before issuing any order, the child must receive support from services acting in their best interests. The state must also ensure the minor is handed to a family member, a guardian, or suitable reception services in the country of return.
The directive limits detention of minors and families and sets minimum standards for any detention that does occur.
The Commission said this framework is due to be replaced by a tougher returns regulation recently approved by the Council and the European Parliament. It aims to tighten repatriation procedures and allows migrant centres in third countries, similar to Italy’s facilities in Albania.
The new rules keep the same core protections for minors. They require a qualified representative to safeguard the child’s best interests and say a minor can be returned only to family, a guardian, or an appropriate reception centre. Unaccompanied minors will not be sent to third-country return centres. The rules also introduce immediate age assessments and allow detention of minors and families only as a last resort.
The Commission also addressed Spain’s claim that it had already sought emergency EU funding for the situation in Ceuta. Minister Elma Saiz said it had submitted the request. Brussels contradicted her, saying it has not received any formal application.
Lammert said there are informal contacts on how such a request might be framed, but an official submission is still required.