The Italian government’s call to restrict the application of Schengen rules to Spain following a mass migrant surge from Morocco into the Spanish city of Ceuta has received support from some European politicians but has drawn sharp criticism from Madrid and raised questions about the legal feasibility of such a move.
According to Spain’s Ministry of the Interior, approximately 50,000 people may have entered Ceuta beginning on the morning of July 30. The head of the local government, Juan Jesús Vivas, estimated the number of arrivals at 60,000. About half of them subsequently returned to Morocco voluntarily. According to various estimates, between 34 and 41 people died while attempting to cross the border.
Spain deployed military personnel and additional police units to Ceuta. Prime Minister Pedro Sánchez called the mass border crossing a violation of the country’s territorial sovereignty and announced that the return of individuals who had entered Spanish territory illegally would be expedited. Madrid stated that it is coordinating with Moroccan authorities.
Italian Prime Minister Giorgia Meloni stated that Rome is prepared to take extraordinary measures to protect its borders, including considering “suspending the Schengen Area with Spain.”
Italian Foreign Minister Antonio Tajani and Transport Minister Matteo Salvini also called for the reinstatement of border controls with Spain. Tajani linked the events in Ceuta to Madrid’s decision to legalize the status of hundreds of thousands of migrants who had previously been in the country without proper status.
Finnish Interior Minister Mari Rantanen supported the Italian initiative, stating that Spain had allegedly failed to fulfill its obligation to protect the Schengen Area’s external border. Danish Prime Minister Mette Frederiksen called for consideration of possible restrictions but did not announce a specific decision by her government.
Swedish Prime Minister Ulf Kristersson stated only that Stockholm is prepared to take the necessary measures if events in Ceuta begin to affect security or the migration situation in Sweden. This is not the same as supporting Spain’s exclusion from the Schengen Area.
As of the evening of July 31, there is no reliable official confirmation that Austria has specifically supported the exclusion or suspension of Spain’s Schengen membership. Therefore, reports of a coordinated position among all four countries cannot be fully confirmed.
At the same time, France has ordered stricter border checks with Spain. Such measures are legally permissible as a temporary reinstatement of internal border controls but do not imply Spain’s withdrawal from or exclusion from the Schengen Area.
Spanish Foreign Minister José Manuel Albares summoned the Italian ambassador in Madrid and called Tajani’s statements unacceptable.
“This statement is inappropriate coming from the foreign minister of a partner country and friend from whom we expect European solidarity, not partisan demagoguery,” Albares said.
Spanish authorities attribute the crisis to a false interpretation, spread by smugglers, of a Supreme Court ruling that restricted the immediate return of migrants detained at sea near Ceuta and Melilla.
Critics of the Italian initiative also point out that exploiting the migration tragedy for domestic political gain could fuel xenophobic sentiments and replace the necessary discussion on external border security with political statements that are impossible to implement in their proposed form.
Can Spain Be Excluded from the Schengen Area?
Current EU legislation does not provide for a separate procedure that would allow a single state or group of states to simply “exclude” another country from the Schengen Area.
The Schengen Borders Code allows member states to temporarily reintroduce border controls at their internal borders in the event of a serious threat to public order or internal security. The state must notify the European Commission and other Schengen members of this decision. Such controls must be a measure of last resort, temporary, and proportionate.
If serious and persistent deficiencies in the protection of the external border threaten the functioning of the entire Schengen Area, the Council of the EU, upon a proposal from the European Commission, may recommend that one or more countries reinstate internal border controls. The initial duration of such a decision is up to six months, and the total duration generally may not exceed two years. This does not constitute an exclusion of the state from the Schengen Area.
The special status of Ceuta and Melilla must be considered separately. Spain is already required to check the documents of passengers traveling by sea or air from these cities to mainland Spain or other Schengen Area countries. Therefore, entering Ceuta illegally does not, in and of itself, allow for uncontrolled movement throughout Europe.
Consequently, Italy, France, or other countries may temporarily intensify checks on passengers arriving from Spain. However, there is no legal procedure for unilaterally excluding Spain from the Schengen Area.
Calls for such a step are currently primarily political in nature and have not been formalized as an official proposal by the European Commission or a decision by the Council of the EU.
