The arrival of tens of thousands of irregular migrants in the Spanish exclave of Ceuta has triggered sharp criticism from several European capitals, placing the European Union's newly implemented asylum system under its first major test and reigniting debate over the future of the Schengen free-travel area.
The EU's new asylum and migration framework, which entered into force only weeks ago, was designed to strengthen cooperation and solidarity among member states. Instead, the latest crisis has prompted several governments to call for consequences against Spain, arguing that countries unable to protect the bloc's external borders should face restrictions within the Schengen Area.
Italy was among the first to react, temporarily suspending Schengen travel with Spain by closing its border. Similar criticism has emerged from France, Finland and several other EU member states.
At the same time, former EU foreign policy chief Josep Borrell, himself a Spaniard, rejected suggestions that Spain could be removed from Schengen.
“Under EU law, no member state may unilaterally suspend another member state's participation in the Schengen Area,” Borrell wrote on X.
Under existing EU rules, there is no legal mechanism allowing a country to be permanently expelled from the Schengen Area against its will. However, several member states have indicated they could further tighten internal border controls.
Germany, which has already reintroduced checks at several of its borders, announced it would extend those measures in response to the developments in Ceuta. German Interior Minister Alexander Dobrindt cited the situation in the Spanish enclave when confirming that the country's controversial border controls would remain in place.
France has also announced plans to strengthen its long-standing controls along the Spanish border.
Despite the political reaction, German media have pointed out an important legal distinction that has received comparatively little attention: the migrants remain in Ceuta and have not entered mainland Europe or the Schengen Area.
Should they attempt to cross the Mediterranean, they would first arrive at an EU external border rather than encounter internal Schengen border controls.
According to the European Commission, there are currently no signs that migrants are attempting to leave Ceuta for mainland Spain or other EU countries.
“We have so far seen no onward movements from Ceuta to mainland Spain or to other member states,” a senior EU official said.
The official added that Spanish authorities continue to secure the external border to prevent secondary movements and that there is currently no indication Madrid intends to transfer the migrants to the mainland.
How must Spain act next under EU rules?
Under the EU's new asylum framework, Spain is required to prevent asylum seekers from moving onward to other member states and to process asylum applications locally.
Seeing as the European Union classifies Morocco as a safe country of origin, Spanish authorities can make use of accelerated border procedures. These procedures are limited to 12 weeks and are intended to enable faster decisions and, where appropriate, quicker returns of unsuccessful applicants.
The new Common European Asylum System (GEAS) also includes a crisis mechanism designed to respond to large-scale migration events, including situations in which a third country is accused of using migration flows for political purposes.
If Spain formally requests assistance, the mechanism allows the other 27 EU member states to provide support by sharing responsibility for asylum seekers, deploying additional personnel and resources, and helping accelerate asylum processing at the external border.
What does crisis mean for EU asylum reform?
Only seven weeks after entering into force, the EU's reformed asylum system is facing its first major challenge.
The reform was intended to resolve years of disputes between frontline countries—including Spain, Italy, Greece and Cyprus—and northern member states over responsibility for migrants arriving at the EU's external borders.
Under the new rules, countries on the Mediterranean frontier are expected to strengthen border management and process asylum claims at the point of arrival. In return, they are entitled to financial, logistical and operational support from other member states, helping prevent secondary movements towards countries such as Germany, Austria and France.
However, the reaction to the crisis in Ceuta has raised questions about whether that principle of European solidarity will withstand significant migration pressures.
Why has Spain's migration policy already faced criticism?
Even before the latest developments in Ceuta, Spain's migration policy had become a source of tension within the European Union.
Earlier this year, Madrid launched a programme to regularise the status of approximately 500,000 irregular migrants as part of efforts to address labour shortages.
The measure applies to asylum seekers who submitted their applications before the end of 2025 and does not cover newly arrived migrants. Nevertheless, several EU governments have criticised the policy, arguing that it could create incentives for irregular migration and complicate the bloc's broader migration strategy.
By Nazrin Sadigova
