A report from the Observatory of Ceuta and Melilla claims that the cities suffer from a legal vacuum, as a result of their autonomous status.
The observatory notes that the autonomous nature of the enclaves, “which not been updated for more than 20 years since it entered into force, needs improvement.”
The report, which develops an exhaustive analysis on the fit of Ceuta and Melilla in the autonomous Spain, highlights that “it is surprising that after more than twenty years of operation of the statutes of autonomy of Ceuta and Melilla there has not been any study, audit or evaluation on the functioning of the administration of both cities, when it is clear that there are aspects to improve.”
In this sense, Professor Hernández affirms that “the current legal system has begun to petrify as the cities lack legislative powers of their own, together with the lack of agility on the part of the State when it comes to updating legislation.”
The Observatory of Ceuta and Melilla explains in its report that the centralized management by the State in educational matters is causing “a poor quality of teaching results, as well as the lack of adaptation of the educational system to the integration problems of the large Muslim community.”
During his speech, Professor Hernández Lafuente highlighted the most relevant limitations that the Statutes of Autonomy of Ceuta and Melilla currently have: the impossibility of filing appeals of unconstitutionality and conflicts of competence before the Constitutional Court.
This makes them defenseless as they do not have the jurisdictional instruments to defend their autonomy, the lack of legislative powers, which contributes to imbalances in relevant issues such as education or health, or the lack of political will to demand a review of the competences of the two cities.
Due to these exclusions, Hernández Lafuente stressed the need for the central State to show “more support and commitment to Ceuta and Melilla,” so that their legal regime does not generate inequality or discrimination with the citizens of the rest of Spain.
The report of the Observatory of Ceuta and Melilla aims to promote a debate on the functioning of the two enclaves: “Adequate legal and political solutions are needed to adapt the situation of Ceuta and Melilla to the integral functioning of the autonomous State.”
The presentation was made by the director of the Observatory, Carlos Echeverría, who, in declarations to Spanish outlet El Faro de Melilla, emphasized that the report deals with the constitutional and administrative dimension of both cities, and, especially, how Melilla and Ceuta fit into the constitutional fabric, that is to say, “both where we are and where we should be.”
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