The Contentious-Administrative Chamber of the National Court has rejected the urgent precautionary measure to suspend the occupation of the port of Ceuta to install a thousand beds for migrants.
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In this way, it does not uphold the measure requested by the Unified Police Union (SUP) in which it asked for the suspension of the execution of the occupation, expansion, installation or effective operation of the reception device in the plots of the Poniente expansion of the Port of Ceuta. The union understood that this installation violated the conditions of port compatibility, protection, emergencies, and occupational risk prevention.
The court suspended the installation yesterday until the Ministry of Transport sent the documentation. The SUP’s request is part of the appeal filed by this union against the Resolution of the Minister of Transport. This request proposed temporary authorization to occupy 16,000 m² of public port domain located in the Poniente Expansion, Phase I, of the service area of the port of Ceuta, until December 31, 2026, without prejudice to its possible extension.
The Chamber, in an order against which no appeal is possible, explains that the adoption of the requested measure is not justified. The arguments presented by the appellants, according to the court, “revolve around the idea that humanitarian care for migrants is intended to be provided under verified and documented safety conditions and to the protection of the occupational health and safety of National Police officers.”
In this regard, the judges of the Eighth Section of the Contentious Chamber recall that the resolution of the Minister of Transport, Óscar Puente, is limited to temporarily authorizing the occupation of an area of 16,000 square meters of port domain, for the temporary installation of the necessary elements for the development of the functions legally assigned to the Directorate General for Humanitarian Assistance and the International Protection Reception System.
The Chamber adds that, in said resolution, following a favorable report from State Ports, no statement is made about the specific conditions under which humanitarian care will be provided, nor about the conditions of service provision by police officers.
What is stated in this regard, the Chamber indicates, is that it is considered that there are reasons of general interest that justify granting the requested authorization, “without prejudice to the adoption of the necessary measures to guarantee its compatibility with the safety, protection, and normal operation of the port.”
Therefore, the court indicates, it will be the provisions adopted by the Ministry of the Interior that determine those safety conditions for the officers serving in the facilities and for the migrants and other personnel assigned there.
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