Interim immigration measures applied by Spain at the border pending completion of treaty negotiations comply with the law and cause no security concerns, the Spanish Government said on Tuesday.
Spain’s Ministry of the Interior, which is responsible for border controls, was reacting after a complaint was filed in a La Linea court seeking judicial clarity on temporary measures that enable Gibraltarian red ID card holders to enter Spain without the usual checks conducted on non-EU nationals at the bloc’s external borders, including passport stamping.
The complaint was filed by a senior Spanish police officer at the border concerned that his officers could be breaking EU law by not applying the usual controls.
Europa Sur reported that the officer in question had on several occasions sought written clarification from superiors in Madrid but without success, receiving only verbal orders.
Against that backdrop, he ordered his officers to tighten controls on two recent occasions, in one instance triggering reciprocal measures by Gibraltarian immigration staff leading to chaotic scenes during the morning rush hour.
The matter is now with a court in La Linea, where a Spanish judge must decide whether to proceed to assess the complaint.
But on Tuesday, the Ministry of the Interior dismissed the officer’s claims in a statement to Spanish newspaper El Periodico.
“We confirm that the situation at the border complies with the law, and there are no security issues,” a spokesperson for the ministry was quoted as saying.
The interim arrangements were agreed by Spain, the UK, the European Commission and Gibraltar while negotiations are under way for a UK/EU treaty that seeks to establish a new framework guaranteeing post-Brexit cross-border fluidity.
The temporary measures allow red ID card holders to enter Spain without undergoing the checks applicable to non-EU nationals, which after Brexit include Gibraltar-resident British passport holders.
That means red ID card holders can cross without a stamp that would trigger the 90-in-180-days limit on stays, as well as potentially requiring them to confirm their reasons for travel, accommodation arrangements and other details including proof of funds.
Conversely, Gibraltar immigration officials allow EU nationals to enter Gibraltar with just an ID card, rather than a passport.
After the latest flare-up, No.6 Convent Place said decisions of the type taken unilaterally by the Spanish officer “cause difficulties for ordinary people” wishing to cross the border.