Statewatch analysis of the proposed new rules on interception and disembarkation during Frontex sea operations

Friday, October 4, 2013

Statewatch has published an analysis of the Commission's proposal for new rules for Frontex sea operations signed by Marie Martin. The analysis concludes that the proposal does not clarify Frontex's responsibility for and in joint operations and warns that it may contain provisions contrary to the principle of non-refoulement, given that in case of interception on the high seas, disembarkation may take place in the third country from which the ship departed. The proposal also seems to exclude the application of asylum law to situations in contiguous zones (beyond the territorial sea) and high seas, while not clarifying who should be responsible for assessing the situation in those third countries, and appears permissive of "push-backs". Finally, the analysis points to deficiencies as regards the regulation of search and rescue operations.

Read the full analysis at Statewatch.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.