SOAS Research Online

Abstract

During the summer of 2020, Italian port authorities implemented inspection and detention measures against two vessels operated by the Sea Watch organisation, which were engaged in systematic search and rescue activities in the Mediterranean Sea. The Court of Justice of the European Union was asked to settle some interpretative questions that arose within the administrative proceedings brought by the NGO against the mentioned authorities, concerning the limits of application of the port State’s control powers over the activities of ships engaged in systematic search and rescue operations at sea in relation to matters of navigation safety. In particular, the CJEU was asked to carry out an analysis of the questions raised through an examination of the set of existing multi-level regulations on the subject. This contribution aims to offer a commentary on the CJEU's judgment rendered on this matter on 1 August 2022, by analysing some of the main legal issues considered within the ruling: the relationship between sources of EU and international law, the balance between the powers of the port State and the flag State in controlling the safety conditions of vessels and, finally, the tension between the fundamental obligation to rescue at sea and the immigration policies adopted by the Italian State.