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The supreme condemns the state for not covering the EU refugee quota '

The High Court urges the Government to process the nearly 19,500 asylum applications to which it pledged at 2015

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The supreme condemns the state for not covering the EU refugee quota '

The Supreme Court has become first national court to condemn its country for not complying with Asylees's relocation commitments agreed by EU in 2015. In midst of refugee crisis, Spain pledged to process 19,449 asylum applications from Italy and Greece, but barely resolved 2,500. The High Court, which has studied a resource of Associació de suport a Stop Mare Mortum, considers that state has skipped an agreement that was "binding and obligatory" and urges Government to complete its quota.

The failure to comply with agreement adopted by EU in 2015 to process reception of refugees was government of Rajoy, but now it will be Pedro Sanchez who has to comply. The Supreme Court condemns Spain for its obligation to process asylum applications for 19,449 refugees from Italy and Greece agreed by European Union in 2015. It is first time that a national court condemns its country for failing to comply with distribution devised by European Commission in 2015 and whose deadline ended in September 2017 without majority of countries approaching even target.

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In case of Spain, Brussels allocated a quota of 19,449 applications to be processed between September 2015 and September 2017:13,086 requests from Greece and 6,363 from Italy. Only 2,500, 12.85% of compromised were reached, according to data from Asylum and Refuge Office report. The share agreed in EU was "binding and obligatory," warns supreme, urging government to continue process in terms in which it was envisaged "in accordance with agreements adopted" hereafter.

The ruling of contentious-administrative chamber, of which Judge César Tolosa has been rapporteur, partially considers appeal presented by Associació de suport to Stop Mare Nostrum against dismissal, by administrative silence, of request He had formulated on April 21, 2017 before government of Rajoy. The organization requested High Court to declare that Spain had failed to comply with agreed obligations; The judges have given him right.

Spain, however, is nowhere near only defaulting country. The refugee-sharing agreement approved by twenty-eight EU leaders in autumn of 2015 has ended up being a real fiasco: several Eastern countries have not accepted a single refugee, for example. The agreement has no future at all: politically, Brussels and Franco axis assume that compulsory quotas are not solution. And in practice re are hardly any relocation candidates (essentially Syrian, Iraqi and Eritrean).

During processing of appeal, state attorney alleged that Spain was making necessary efforts to reclaim and relocate refugees, but that procedure was very cumbersome. In addition, it called for a prejudicial question before EU Court of Justice to clarify wher national courts can control fulfilment of European emergency decisions.

The Stop Mare Mortum Association has applauded supreme judgement. "The political valuation we make is totally positive. Our goal was always for a court to force Government to fulfil its obligations under European relocation programme, "said association's spokesperson, Sonia Ros. For Ros It is a "judgment seamless" because not only recognizes breach of agreement, "but obliges government to comply, regardless of deadline has expired."

Without asking Europe

The Chamber has studied this request and concludes that we should not ask CJEU because supreme has jurisdiction to control activity of government deriving from European agreements. The tribunal explains that Brussels has a wide margin of discretion as to wher or not to bring matter before Court of Justice. But he adds that he has not initiated any proceedings against Spain, and refore High Court can examine case. On substance of matter — failure to comply with quota of asylum applications — Chamber admits that Spanish government has made requests to Greece and Italy that "y have not deserved required response", which reveals general breach of European agreement, but not It exempts Spain from its responsibility.

The supreme recalls that distribution expressly envisaged possibility that Member States would request a reduction of ir quota of up to 30%, an option to which Austria was accomodated, but that government of Rajoy despised despite that from beginning knew that it was going to be Hard to keep. "The existence of serious administrative difficulties for fulfillment of such obligations [...] It cannot constitute a cause for exemption from m, given that aforementioned decision contains flexible measures, which have not been alleged or used by Spanish government, "warn judges.

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