BORDERS
European Court of Justice rules against impounding of search and rescue ships
On 1 August, the European Court of Justice (ECJ) ruled that rescue at sea is a duty and port State controls must not be used arbitrarily against NGOs to detain ships and prevent them from carrying out their humanitarian work. The ECJ also stated that the port State does not have the power to demand proof that those ships hold certificates other than those issued by the flag State or that they comply with requirements that do not apply to them. The ruling concerns a complaint lodged by search and rescue organisation Sea Watch against the Italian Ministry for Transport, and the port authorities of Palermo and Empedocles, after the latter had impounded two Sea Watch ships on the grounds that they missed certificates other than those issued by the flag State.
Syrian sues Frontex for being abandoned at sea
A Syrian national is suing the EU border agency Frontex in response to a refoulement enacted by Greek authorities in 2020. The claimant and other 21 asylum-seekers had reached the Greek coast and intended to ask for asylum, but the Greek authorities returned them to shore and put them in an inflatable boat with no motor. A private surveillance plane working for Frontex passed twice over the boat without triggering any help. The asylum-seekers were eventually rescued by the Turkish coastguard.
BORDERS
European Court of Justice rules against impounding of search and rescue ships
On 1 August, the European Court of Justice (ECJ) ruled that rescue at sea is a duty and port State controls must not be used arbitrarily against NGOs to detain ships and prevent them from carrying out their humanitarian work. The ECJ also stated that the port State does not have the power to demand proof that those ships hold certificates other than those issued by the flag State or that they comply with requirements that do not apply to them. The ruling concerns a complaint lodged by search and rescue organisation Sea Watch against the Italian Ministry for Transport, and the port authorities of Palermo and Empedocles, after the latter had impounded two Sea Watch ships on the grounds that they missed certificates other than those issued by the flag State.
Syrian sues Frontex for being abandoned at sea
A Syrian national is suing the EU border agency Frontex in response to a refoulement enacted by Greek authorities in 2020. The claimant and other 21 asylum-seekers had reached the Greek coast and intended to ask for asylum, but the Greek authorities returned them to shore and put them in an inflatable boat with no motor. A private surveillance plane working for Frontex passed twice over the boat without triggering any help. The asylum-seekers were eventually rescued by the Turkish coastguard.