The Constitutional Court (TC) unanimously agreed to process the appeal presented by the government of Pedro Sánchez against the migrant minor protocol approved by the Canary Islands Executivewhile agreeing to suspendor, although at that time it had already been provisionally suspended by order of the Superior Court of Justice of the Canary Islands (TSJC).
As reported by the TC, the Plenary Assembly dealt with the Government’s challenge to the Autonomous Disposition (IDA) against the second, third and sixth sections of the Agreement of the Government of the Canary Islands of September 2 relating to migrant minors, and the Resolution of the General Directorate for the Protection of Children and Families of September 10, which establishes the territorial protocol for these minors in the Canary Islands.
The TC, after the Government invoked article 161.2 of the Constitution in its challenge, also suspended the validity and application of the articles previously mentioned since September 26, the date of filing of the challenge, which will be communicated to the President of the Government of the Canary Islands.
Even though the Canary Islands Protocol has already been suspended as a precautionary measure, the suspension granted this Tuesday by the Constitutional Court must be ratified or lifted. “within a period not exceeding five months.”
Moncloa’s appeal is specifically directed against the Agreement of the Government of the Canary Islands of September 2, relating to unaccompanied foreign minors, as well as against the resolution of the General Directorate for Protection of Children and Families of September 10, for which the territorial reception protocol is established unaccompanied foreign migrant minors in the Canary Islands.
The new protocol implies that before the minor is handed over to the island authorities your pre-identification examination is carried outtheir registration in the Register of Unaccompanied Foreign Minors (RMENA) and an administrative resolution of assignment or individualized placement from the corresponding public body, after hearing the minor, in the presence of an interpreter of their mother tongue or another language that he can understand, to the knowledge of the prosecutor.
Once the availability of a place is confirmed, the reception of the minor by the autonomous community will take place in the Canarian Autonomous Police stations or, if they do not exist, in authorized places.
For the prosecution, which brought the case before the ordinary court on September 18, this protocol represents the “lack of immediate attention” to the obvious helpless situation of migrant minors who arrive from the sea towards the coasts of the archipelago.
Concretely, it denounces violations of the fundamental right to the principle of equality recognized in Article 14 of the Constitution and in the Convention on the Rights of the Child, as well as the fundamental right to moral integrity recognized in Article 15 of Magna Carta.
