POLICING SEARCH AND RESCUE NGOs IN THE MEDITERRANEAN - Does justice end at sea?

As Minetti concludes, ‘the relevance of this judgment lies on the fact that it established a series of legal principles, the most relevant of which is undoubtably the one establishing the prevalence of the duty to rescue over the one to defend the national borders’. [...] This relationship was based on the initial contact made by the vessel in distress, the proximity of an Italian naval ship to the vessel in distress and the ongoing involvement of the Italian authorities in the rescue operation. [...] Furthermore, ensuring the effective protection of fundamental rights in the context of SAR operations lends support to the conclusion that EU coastal states involved in the coordination of a SAR episode may have an obligation of result to allow third country nationals rescued at sea to disembark ‘if no other option ensuring the safety of the rescued people and the swift conclusion of the disembark. [...] While the coastal state has a large degree of discretion in determining the grounds to inspect ships under its jurisdiction, the CJEU held that the burden of proof shifts to the state to substantiate and justify, both in law and in fact, the necessity, proportionality and on the basis of evidence for any restrictive measure to be enforced. [...] The Italian government’s policy covering disembarking and the policing of SAR NGOs, and the diplomatic row with the French authorities, show a resounding failure to uphold the EU’s objectives and commitments under the international Law of the Sea.