Hidden in one of its last paragraphs, the magistrates of The First Section of the Contentious-Administrative Chamber of the High Court of Justice of the Canary Islands (TSJC) made a suggestion to both Executives.
“On the other hand, it is not out of place to emphasize the search for meeting spaces promoting the implementation of coordinated actions within the framework of a climate of loyalty and institutional collaboration which seems essential to deal with the phenomenon of irregular immigration and its unique impact that he has in the (…) Canary Islands”, the TSJC asks them.
In reality, the said resolution responded to the request of the prosecution to suspend the new immigration protocol approved by the government of Fernando Clavijo. And that’s what he did.
In the opinion of the court and the prosecution, there are “circumstances of special urgency” for that. That is to say, the Justice took this decision to avoid that the immediate application of this protocol violates the rights of any unaccompanied foreign minor (those called menas).
A little over a week ago, the government headed by Clavijo published the reception protocol menaswhich contains certain differences from the provisions of the 2014 Framework Protocol.
More specifically, it establishes a series of procedures before receiving theoresuch as “his police identification report”, an administrative decision which, individually, assigns him to a State body or holds an interview with him, accompanied by an interpreter and with the knowledge of a prosecutor.
Without these requirements, including the obligation for the state administration to identify each minor, the Canary Islands refuse to accept them. The Higher Prosecutor’s Office of the Canary Islands has appealed this protocol and Justice agrees with him. Even if it did not go into the substance and was content to analyze whether this “particular emergency” existed, the TSJC emphasizes that this change in rules can greatly complicate the reception of minors.
This is what the court expressed in its order: “[El nuevo protocolo canario] “represents a significant innovation in the legal regime.”
Furthermore, the judges stressed that the requirements that the government of the Canary Islands intended to impose “may compromise without too much difficulty the immediate delivery and reception of said minors to the authorities.”
“Well, such a relevant modification of the current regulatory framework currently recommends maintaining the current one status quo“a conservative objective which, on the other hand, is the prototype of that which the precautionary measures aim to satisfy”, concluded the judges, before underlining the “repercussion” that the new regulation “is likely to have” on a group “as particularly sensitive and vulnerable as the minors at whom the actions envisaged there are addressed”.
Political meetings
Now, next week, the minister Angel Victor Torres intends to meet Miguel Telladoparliamentary spokesman of the PP. This is a new attempt to dismantle the reform of the Immigration Law.
But the Canarian socialist has found that, in front of him, he has a solid bloc: there are already 14 autonomies, out of the 17 that exist, with a common position on this issue. That is to say, a very reinforced majority within the Sectoral Conference, which would cause any alternative proposal to fail.
So if the minister (and Calvijo’s predecessor in the island government) wants to reach an agreement, he will have to provide the only thing he lacks: money from the Treasury.
As this newspaper learned, last Monday, Tellado responded to a call from Torres, who once again proposed the reform of Article 35 of the Immigration Law, so that the derivations of menas become mandatory for the rest of the autonomous communities, in case of “overcrowding” of one of them.
The President of the Canary Islands, Fernando Clavijo, meets with the opposition leader and president of the PP, Alberto Núñez Feijóo.
Europe Press
Tellado said yes. But he warned him that there would be no meeting “just to see each other’s faces.” And that there would be an agreement only if three factors were met.
The first was that Clavijo, the Canarian president and ally of the PP in dealing with the so-called “migration emergency”, was present at the meeting. The minister accepted this without problem. In fact, the meeting did not take place last Thursday due to scheduling problems of the regional leader.
The second requirement was that Torres fulfill the task he had accomplished in his last three-game match. On August 12, the Canarian president managed to convince the popular and socialists to interrupt their vacation. They met in Madrid and reached an agreement in principle, failing which the minister completed it with a report on the minimum and maximum places to quantify the unaccompanied minors required by each autonomy.
This file, according to sources consulted by EL ESPAÑOL, has not yet been sent to Tellado or Clavijo.
Europe Press
And the third requirement is the most difficult: that María Jesús Montero, Minister of Finance, put the money. Because this pre-agreement of August 12 required the State to finance the autonomies with surplus places (between 100% and 150%) and, even, to assume with its resources the reception of the rest of the places. menas (from 150% overcrowding in a region).
Montero, as this newspaper has learned, does not facilitate this possibility to the minister in charge of the migration crisis. The date of the meeting has not yet been set, but the days go by, “and without data or money”, maybe the meeting is cancelledwarns the entourage of the regional president EL ESPAÑOL.
