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The role of the European Union in the (non-)rescue of migrants in the Mediterranean Sea

(2020)

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Swiatek_52551800_2020.pdf
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Abstract
The problem of irregular arrivals in Europe has been familiar to the European countries for many decades. Currently, one of the most sensitive issues is an authorisation to disembark arriving migrants in national ports by the EU Member States. Since the migration crisis of 2015, this subject brings controversy as some countries refuse to accept vessels with migrants on boards and introduce strict measures against search and rescue operations at sea. This leads to cases of non-rescue in the Mediterranean and increasing rate of drownings. Moreover, avoidance of responsibility for migrants at sea became a serious problem concerning the violation of human rights. This paper analyses the legality of Member States' actions with regards to search and rescue actions as well as the refusal of migrants in national ports. It focuses on the responsibility of Member States over foreign ships not only in territorial water but as well as in high seas.