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[Interview] Ceuta crisis shows how EU border outsourcing puts children at risk, says German lawyer

30 September 2026 at 12:10

Spain is coordinating with Morocco to prevent a new mass crossing into Ceuta this week, Spanish foreign minister José Manuel Albares said ealrier in September in response to renewed encouragement to storm the Ceuta border crossing on social media.

Warnings of a new wave of border crossings has caused alarm in Madrid, with fears that July’s large-scale border crossing surge could be repeated. When around 70,000 irregular migrants entered the small Spanish territory in North Africa by land and sea, overwhelming border guards and leading to over 100 deaths.

Recently declassified Spanish intelligence reports from before July described the response of Moroccan authorities to the border surge as passive and negligent. But Spanish prime minister Pedro Sánchez’s stopped short of formally accusing Rabat.

Morocco claims the surge was triggered by smuggling networks and disinformation. Sánchez’s government broadly supports this position, but questions about Morocco’s role are mounting.

The Ceuta crisis triggered a crisis in Europe for several days and showed the divide between member states about how to address migration.

German lawyer Lena Riemer, who works at the Central European University in Vienna and specialises in migration, said Vladimir Putin cannot help but laugh at the internal disagreements, while criticising European politicians’ approach to the issue.

How do you explain recent happenings in Ceuta? Some politicians have accused Spain of legalising tens of thousands of undocumented migrants. Italian foreign minister Antonio Tajani claimed Spain was automatically granting them EU citizenship. What is your view?

That last point is beyond ridiculous. And we need to be careful; the Ceuta situation was complex, so we need to view it through a broader context, including from a historical perspective. The Ceuta crisis did not happen overnight.

It seems that for the past decade, things had been leading towards this very moment. The situation at the Ceuta border had been genuinely critical for years, and crossings had occurred frequently — just never on this scale. For colleagues who had previously worked with people on the ground in Ceuta and brought their cases before the courts, it was more a question of when something like this would happen, for several reasons.

“The situation at the Ceuta border had been genuinely critical for years, and crossings had occurred frequently — just never on this scale.”.

Look at the current situation around the world. For instance, many people in Morocco face severe economic hardship, unemployment and so on. This leads to the younger generation seeking a better life. In this way, we are all in the same boat and I think many of us would make the same decision as them.

This crisis was compounded by other factors. The media played a role. Some say it was a network of people smugglers. I am not particularly convinced by that argument, since smugglers typically aim to make money. Here, it appears that people migrated alone, so it is not clear how a smuggling network could have made much money. Others claim the surge was linked to the legalisation of undocumented migrants in Spain, or that a court ruling in Spain had “opened people’s eyes”.

Some politicians have claimed that the legalisation of undocumented migrants automatically grants them EU citizenship.

No one in their right mind would claim that – it’s utter nonsense! There is research and a substantial body of academic work examining the impact of granting residency status.

Italy has run several immigration regularisation programmes in the past, something its politicians seem to forget when they argue against new ones. The US did the same under Ronald Reagan in the 1980s. There is no solid evidence that these programmes encourage more people to try to enter the country irregularly in the future. In fact, the opposite has often happened: irregular migration numbers have tended to fall, because giving people legal status and stability reduces the incentive to live and work in the shadows.

Moreover, under this specific Spanish programme, people can apply for regularisation only under very specific circumstances, applying only to a group of people who entered the country at a very specific point in time. It was a one-off measure. Based on the facts examined by researchers, it is unlikely to have had anything to do with this.

How do you respond to right-wing politicians who say Spain opened Europe’s borders?

They are like kindergarten children. What we are really seeing here are political actors such as EU migration commissioner Magnus Brunner exploiting the situation to point the finger at Spain, which has taken a somewhat different path from other European countries. Ceuta was a welcome opportunity to say, “you are wrong, this is your fault,” and thereby justify a hardline approach.

There were calls to exclude Spain from Schengen…is that even possible?

No. The EU’s Schengen Borders Code, means everyone who is part of Schengen is bound by it. And there is no exclusion clause. Sometimes I do not know whether it is ignorance or simply deliberate deceit, but excluding a country from Schengen is simply not possible. What you can do is introduce border controls. However, the code contains a provision stating that, under strict circumstances and in the event of an emergency, border controls may be introduced for a very limited period.

Border controls between Schengen countries should be temporary, but controls at the Slovakia-Austria and Germany-Austria borders have been in place for months or years. Is that even legal?

“Any reasonable lawyer looking at this would ask: where do you see the emergency?”

It is a breach of EU law. It is clear and everyone knows it, but the Germans deny it. Ceuta, too, was a welcome opportunity for Schengen members to say: “Another emergency, great! Let us use this to justify more border restrictions.” Any reasonable lawyer looking at this would ask: “Where do you see the emergency?” The overwhelming majority of people in Ceuta were sent back, with only a very small number who will make it to the mainland at all. Being in Ceuta does not mean you can access mainland Spain.

You can only reach mainland Spain by sea. It is not as though you can get there by land.

Indeed, just look at a map. Ceuta has a specific role and legal regime. Being in Ceuta does not mean that you have freedom of movement when travelling. If, for example, you apply for asylum in Ceuta, that does not automatically give you the right to enter Spain. And when you leave Ceuta to enter Spain, you are checked again, and if you do not have documents, you will not be allowed in. So saying, “they are all here in Europe now,” is a populist statement.

“The only group likely to end up in Spain — and hopefully they will — are unaccompanied minors, who require special protection under European and national law.”

These migrants are hundreds of kilometres away. They do not suddenly have the right to enter the mainland. The only group likely to end up in Spain — and hopefully they will — are unaccompanied minors, who require special protection under European and national law. Ceuta is not a place where Spain can guarantee that special protection, so it will probably have to transfer them to the mainland.

Lena Riemer outside the Central European University building in Vienna. She has also worked at universities in Berlin and studied at Yale Law School.
Lena Riemer outside the Central European University building in Vienna. She has also worked at universities in Berlin and studied at Yale Law School. Source: Soňa Weissová

EUobserver reported that thousands of children had been left living on the streets.

Spain is thereby violating international law, EU law and national law every single day, because it has an obligation to immediately assess all minors and provide them with accommodation, food, psychological support and healthcare. They should not be there for even one day.

Ceuta has been problematic for many years, with people climbing over the fences there virtually every day. And the EU has been unable to resolve the migration problem more widely, not only in Ceuta, but in other countries too. Why, in your view, is the system not working?

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[Interview] 70% of Montenegro supports EU membership – so will it happen in 2028? We ask lead MEP Marjan Šarec

30 September 2026 at 11:11

After Iceland voted down EU membership in an August referendum, Montenegro regained its status as the most-likely 28th member state of the bloc.

Its government plans to close negotiations on all the chapters of the accession agreement by the end of the year and enter the Union in 2028 – a challenge, especially as a planned Tuesday meeting (22 September) with EU negotiators was postponed.

Montenegro also needs to answer the Union’s concerns about corruption and persuade all the member states to let it in.

EUobserver spoke to Marjan Šarec, former Slovenian prime minister, MEP for Renew Europe, and the parliament’s rapporteur for Montenegro. He follows the negotiation process, keeping his optimism for the country’s accession.

Can Montenegro become the 28th member of the European Union by 2028?

It’s the ambition of Montenegro, surely I would like to see that happen. The process of ratification would need to be smooth, it also depends when Montenegro concludes the negotiations – their ambition is to do it by the end of this year, which is very ambitious. Eighteen chapters have been provisionally closed, there are quite a few to go.But it also depends on the member states.  

What’s the next thing on the negotiations agenda? 

There are some chapters which are still difficult: the rule of law, the judiciary system, corruption, organised crime, all those issues are very demanding. What worries me is implementation because you can pass a law, but you also have to implement it. Montenegro has its problems, and it will have those problems for several years. But EU membership would help to build a different society, different environment. 

And when it comes to the chapters to finish, what are some of the most contentious issues? 

The issue of corruption is quite difficult to solve because, well, Montenegro is a small society: 630,000 inhabitants. In such an environment, it’s very difficult to prosecute: that’s why it will take some time. But Montenegro surely made a lot of progress and we can be moderately optimistic.

What are the risks of the accession negotiations taking a long time?

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Divided EU cyber defence faces real-life Russian and Chinese threats

30 September 2026 at 09:32

Europe is facing more immediate cyber threats, but whether its member states are prepared to deal with it collectively is becoming a question harder to answer.

Even as drone threats, such as Russia’s bomb plot at the Leipzig-Halle airport in Germany in August, dominated European headlines in September, other, less visible hybrid attacks are also being waged against the EU every day, whose sheer weight of numbers should also cause grave concern.

Poland, for instance, recorded 4,200 cyber-security incidents in military networks and systems in 2024 and 7,100 in 2025, Polish cyber command spokesperson, Przemek Lipczyński, told EUobserver.

In 2025, Polish security systems blocked four million phishing emails targeted at soldiers and defence personnel.

And Poland aside, evolving technology meant Russian cyber-attacks “do not know any border”, said Jamila Boutemeur, the EU’s head of cybersecurity body, in what amounted to a single market for hacking.

For its part, the European Union has built its cybersecurity architecture around the Boutemeur’s European Union Agency for Cybersecurity, ENISA, in Athens, as well as the 27 national cybersecurity agencies.

But as Russia’s threat levels up, the European structure is seeing familiar problems: information is not always shared, responsibilities remain divided between national governments and EU institutions, while ENISA itself is being asked to do more with limited resources.

And the European Court of Auditors (ECA) confirmed it on 21 September in its ENISA study.

“The architecture is there, the structure is there. Now it’s a matter of willingness and trust,” to effectively fight back, said George-Marius Hyzler, the ECA’s main auditor.

Stress test shows EU cracks

“It always boils down to the same thing, lack of information sharing,” he said, identifying the EU’s key weakness.

And for Czech Greens MEP Markéta Gregorová, who is also the lead rapporteur on the EU’s incoming Cybersecurity Act 2 (CSA2), duplication of work also bedevilled the EU’s response.

“The [ECA] auditors describe a system that does not work” and was “wasteful”, she told EUobserver.

“Six European legal acts force the same company to report the same incident to different authorities. Two EU bodies monitor the same threats,” Gregorová said.

She also advocated a stronger operational role for ENISA.

But the EU fault lines have underlying political as well as legal tensions.

Cybersecurity remains largely within the competence of the member states, and governments differ in how much new power they are willing to delegate to European institutions.

And for Dimitar Lilkov, from the Wilfried Martens Centre for European Studies, there were three main sources of friction: national security, trust, and money.

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