The interception and rescue at sea of asylum seekers in the light of the new EU legal framework
Author(s) -
Simone Marinai
Publication year - 2016
Publication title -
revista de derecho comunitario europeo
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.142
H-Index - 5
eISSN - 1885-6578
pISSN - 1138-4026
DOI - 10.18042/cepc/rdce.55.04
Subject(s) - refugee , duty , interception , political science , law , coast guard , guard (computer science) , refugee law , computer science , geography , environmental protection , ecology , biology , programming language
This paper deals with the evolving EU legal framework in order to verify to what extent it can be considered suitable for responding to the needs of asylum seekers intercepted or rescued at sea. In light of this goal, after examining the action carried out by the various actors engaged in the Mediterranean in operations for interception and rescue of asylum seekers, the international legal framework concerning the duty to render assistance to any person in distress at sea and the obligations deriving from human rights and refugee law are highlighted. The evaluation of the EU legal framework is carried out through an in-depth examination of the maritime operations coordinated by Frontex, taking into account in particular the evolution of the rules for the surveillance of external sea borders, and the new European Border and Coast Guard Regulation.
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