Afrasianet - Tariq Al Qizani - Could a "misleading rumor" cause Spain to be excluded from the Schengen area's regulated travel and freedom of movement laws? It may seem theoretically possible after a sudden influx of some 60,000 migrants from Morocco within hours to the Spanish-ruled city of Ceuta , immediately waking up right-wing voices within the European bloc to demand Spain's exclusion from Schengen.
The Spanish version so far has been told by Prime Minister Pedro Sánchez that the influx of migrants into the Ceuta enclave is linked to a misguided interpretation promoted by the human trafficking "mafia" of a recent Supreme Court ruling that migrants who have arrived by sea cannot be returned to the border.
But the Spanish explanations do not stop at this motivating factor, as talk of a possible Israeli role in what is going on, which has come out in the public domain after Israel's permanent representative to the United Nations , Dani Danon, and Spanish Transport Minister Oscar Puente exchanged criticism on social media, in light of the chaos prevailing in Ceuta.
Danone's post on the X platform reads: "Spain, which does not miss an opportunity to offer lessons to Israel, has declared a state of emergency in Ceuta following the crisis related to its immigration policy. Maybe before you continue to blame us, it's time for you to explain to the world why they continue to maintain colonial pockets in Africa."
The Spanish minister replied that "everything has become clearer," in a sign that Israel is behind what is happening, according to the Spanish interpretation.
Unprecedented event
In any case, the wave of mass transit to Ceuta (northern Morocco on the Mediterranean coast) is dividing Europe, with Italy announcing the suspension of the Schengen Agreement with Spain.
Ceuta as well as Melilla (northern Morocco) represent the EU's only land border with Africa. The population of the two cities is about 85,000.
The two cities regularly see waves of migrants trying to reach Europe, but the crossing of some 60,000 people in two days appears to be unprecedented. Spain has described it as the biggest crisis since at least 2021.
Migration in general is a sensitive issue across Europe, which has seen the rise of right-wing parties over the past decade since the 2015 crisis, when more than a million people crossed the continent, most of them on foot to seek asylum. Many of them were fleeing the war in Syria.
European Division
The current flows have raised fears among European countries that similar waves could hit their territory, such as Italy, the main destination for migrants in the central Mediterranean, France and Britain , which are trying to control flows in the Channel Sea, and other Nordic countries.
The European reactions so far have been one of concern and pressure on the socialist government in Madrid. Among them so far:
• European Commission President Ursula von der Leyen has called for swift deportations of arrivals, expressing her objection to arrivals that violate EU rules.
• British Prime Minister Andy Burnham said the flows into Ceuta were "concerning" and that his government was in contact with Madrid for support and an understanding of what was happening.
• German Chancellor Friedrich Mertz called on Spain to control the situation in Ceuta as soon as possible and not to allow arrivals to enter the European mainland.
But the most prominent critical comments came from right-wing Italian Prime Minister Giorgia Meloni , who announced her country's readiness to "intervene and impose exceptional measures to protect the border and the safety of citizens, including the suspension of the Schengen agreement with Spain," before her foreign minister announced on Friday evening that the move had already been taken.
Finland and Denmark later joined in supporting Meloni's proposal, arguing that the Spanish government's failure to protect the Schengen area's external borders would open the door to a threat to the security of all of Europe.
Italy does not share any land border with Spain, but the move will affect air and sea travellers between the two countries, as they will have to show passports to be allowed to enter.
In fact, the European reactions are precedent-setting to Spain's policy of regulating irregular migration on its territory, reverting to the decree that approved the regularization of the status of about half a million migrants in a move to boost the economy, fill the labor shortage, and integrate hundreds of thousands into Spanish society, an approach that runs counter to the conservative policies of most European governments under far-right pressure, including what Italian Foreign Minister Antonio Taiani said when he described the Spanish plan as "human trafficking."
But does the renewed European criticism today mean that the option of Spain's final exclusion from the Schengen area can be seriously pursued, and to what extent this option can be legally justified?
Between withdrawal and deportation
The Schengen Agreement, signed in 1985 and entered into force in 1995, abolishes border controls between its countries to provide broad freedom of movement within the region. Today, the agreement covers 29 countries, i.e. all EU member states (except Cyprus and Ireland) as well as Iceland, Liechtenstein, Norway and Switzerland.
With regard to the suspension or exclusion of a State from the Schengen area, there is no mechanism for such a procedure in the Schengen Boundary Law, which provides for the exclusion of a State from the Convention without its consent.
Marie-Lour Basilien Genche, a professor of law at the University of Lyon III, has made this issue clear: "The Schengen system does not include such a clause, which means that one state cannot unilaterally exclude another state."
However, any member can withdraw from the agreement. Italy's request to exclude Spain from the Schengen area or suspend its membership cannot be implemented. In return, Italy can impose controls and inspections on its borders under the pretext of preventing the passage of irregular migrants.
According to Article 25 of the Schengen Boundary Law, any member state can impose exceptional and temporary border controls if there is a "serious threat to internal security or public order," examples of which include terrorism and organized crime, or public health emergencies such as the COVID-19 pandemic.
Accordingly, French President Emmanuel Macron asked the interior minister to "tighten border controls with Spain," according to people close to him. Germany has also temporarily activated this article to prevent irregular migrants from crossing its borders from neighboring countries, especially Poland.
What if it's excluded?
But regardless of the possible and non-legally feasible possibilities of excluding Spain from the Schengen area, the expected results will not be limited to the Spanish side, as the cost could affect the rest of the travelers in the region.
Some of the practical results, based on the observations of experts, can be limited to the following points:
• Further complications of travel to Spain, the world's second tourist destination, with separate visa procedures.
• Increase in travel time and cost and disruption of trade and supply chains.
• The crossings of thousands of workers on the French and Spanish borders have been disrupted by border measures.
In addition, experts within European circles believe that a decision of this magnitude towards an important country like Spain could deal a blow to European integration and create a crisis of confidence between Madrid and EU institutions and other member states.
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