Table of Contents
Rock of Gibraltar (Photo: Nono Rico / Europa Press).
The lack of agreement between the United Kingdom and the European Commission to reach an agreement on the Gibraltar situation after Brexit continues to cause problems for the Spanish Government. The last of them is that the anomalous situation that exists in the Defend has led to the chief inspector of that border post had to present a complaint for prevaricationdue to persistent non-compliance with articles 6 and 11 of the Schengen Borders Code.
The inspector has made the decision after an intense Verbal clash held last Friday with officials from the La Línea Police Stationafter several files were opened in recent weeks for apply Schengen regulations to both British residents of the Rock and Gibraltarians.
On several occasions, the last of which was on the 22nd, the inspector ordered that the passports of both British residents of the Rock and Gibraltarians who are in possession of the so-called “red card” (indentiy card) be stamped. , with which they could cross the Gate without having their passport stamped, thanks to a tacit agreement between Madrid and London, while negotiations were underway about the future of the colony after the United Kingdom leaves the EU.
Passport stamping means that They must justify the purpose and conditions of the stay, have financial meansand have not been in the Schengen area for more than 90 days in any 180-day period.
Queues at the Gate
The inspector, who reflects the existing unrest among the National Police in La Verja, He has repeatedly asked his superiorsthrough the General Commissariat of the Line, that is provided, in writing and signed, instructions on what legislation applies so as not to ask Gibraltarians to comply with the provisions of Schengen.
Upon not receiving a response from the La Línea police station, has made the decision to apply Schengen several times, which provokes the anger of the Rock’s authoritieswhich, at least last October 11, decided respond with reciprocity by asking for the passport to the thousands of cross-border workers who cross the Gate every day to carry out their work in the neighborhood. This measure caused long queues at the pass for several hours.
Marlaska’s verbal instructions
In addition to this measure, the usual thing is, according to police sources consulted by Digital Confidentialthat the Gibraltar chief minister, Fabian Picardosend your complaints to the Spanish Minister of the Interior, Fernando Grande-Marlaskaand that it is given verbal instructions to return to the situation that has been in place since 2021, waiting for there to be an agreement between the European Commission and the United Kingdom on the future of Gibraltar after Brexit.
The chief inspector of the La Línea border post has already been the subject of a sanctioning file last August, after expel from Spainin March, to four British soldiers stationed in the Rock who crossed the Gate several times as touristsviolating Schengen regulations.
He was also reprimanded for preventlast October 9, that a group of passengers who had to fly to London left Gibraltar to take the plane at Malaga airporthaving no guarantees that this was their final destination.
Why Schengen does not apply
In letters sent on September 13, 20, 29 and October 4, the inspector explained the problem to the head of the Local Immigration and Border Brigade and, upon receiving no response, he sent a circular to his staff, warning that will not continue to breach the Schengen Borders Code because this could lead to disciplinary consequences for him, in addition to incurring a possible crime of prevarication.
The inspector considers that both he and his colleagues at the border post They would be exposed to having to face criminal liability, without having written orders why Schengen does not apply to Gibraltarians.
Complaint
The response of the Interior authoritiesissued verbally through the La Línea police station, it has been that exceptionality is maintained when passing through the Gate, which is why the chief inspector of that border post has filed his complaint.
At the same time, from the Rock the pressure on the Spanish authorities does not cease, whilehe Ministry of Foreign Affairs and its head, José Manuel Albares, remain silent.
In addition to the immediate calls from the chief minister, Fabian Picardoto the Interior, demanding the suspension of the restrictive measures, which are addressed immediately, a spokesperson for the Gibraltarian Government, told the Gibraltar Chronicle newspaper “that the decisions of the inspector whom he describes as “rogue agent”“they cause difficulties for ordinary people who need or want to move from one side of the border to the other, when the only reason for being a public official or being in public life should be to make people’s lives easier, as long as they respect all applicable rules and relevant agreements concluded between nations.”
Queues at the Gibraltar Gate (Photo: Europa Press).
What are the potential legal options available to both Spain and Gibraltar to de-escalate the border situation and find a long-term solution, as discussed by Professor Davis?
## Interview: The Bedrock of Brexit – Gibraltar Border Tensions
**Introduction:**
Welcome to World Today News. Today, we are joined by two distinguished guests to discuss the ongoing tensions at the Gibraltar border post and the implications for the region post-Brexit.
We are joined by Professor Emma Davis, a leading expert on European Union law and international relations, and Mr. Juan Rodriguez, a veteran journalist who has covered the Gibraltar situation extensively.
**Section 1: The Current Situation**
* Emma, let’s start with the complexities mentioned in the article. Can you help our viewers understand why the Schengen Agreement does not apply to Gibraltar, despite its geographical proximity to Spain?
* Juan, the article mentions “verbal instructions” from Spanish Interior ministry officials. Can you shed some light on the informal nature of these instructions and the impact this could have on border personnel?
* Both Emma and Juan, how do you see the Chief Inspector’s decision to file a complaint impacting the situation? Is this a breakthrough or a recipe for further escalation?
**Section 2: The Impact of the Situation**
* Juan, the article highlights the disruption caused by passport stamping, including queueing. Can you tell us about the broader economic and social consequences of this situation for both Gibraltar and La Línea de la Concepción?
* Emma, the article references the ministry of foreign affairs remaining unusually quiet. What could be motivating this silence from Spain, and what could be the diplomatic implications of their position?
* How might this situation be affecting the delicate Brexit negotiations between the UK and the European Commission? Could it become a bargaining chip?
**Section 3: Looking Ahead**
* What are some potential solutions to the impasse at the border? Emma, from a legal standpoint, what options are available to both Spain and Gibraltar?
* Juan, having followed this situation closely, what are your observations about the Bedrock of Brexit – Gibraltar Border Tensions
attitudes from both sides of the border? Is there a willingness to compromise and find a long-term solution?
* We are approaching the holiday season, a time when border crossings typically increase. What are your predictions for the next few months regarding border fluidity and potential flashpoints, considering this ongoing tension?
**Conclusion:**
Thank you both, Professor Davis and Mr. Rodriguez, for this insightful discussion. The situation at the Gibraltar border highlights the complexities and lingering uncertainty stemming from Brexit. It remains a delicate balance between security, legal obligations, and the day-to-day lives of people on both sides of the border. It will be crucial to follow this situation closely as it unfolds, and we hope that a mutually beneficial and amicable resolution can be found. Thank you, and we will be back after the break with more from World Today News.