[...]The previous
Decision contained binding rules on interception, and non-binding rules on
search and rescue and disembarkation. However, the CJEU said that even the latter
category of rules was binding.
There are new rules on search and rescue, which retain
(at the EP’s behest) the Commission’s detailed proposal on this issue, including
particularly the definition of whether vessels can be considered in a state of alert,
uncertainty or distress. Provided that sinking vessels are detected in time and
that these rules are properly applied, the Regulation should therefore ensure
that migrants are rescued from drowning wherever possible.
On the other hand,
the situation is more complex as regards the rules on protection of those
migrants who are potentially at risk of persecution, torture or other forms of ill-treatment
in their country of origin (or another country). The focus of this analysis is
therefore upon those rules – followed by an assessment of the issue of the accountability
of Frontex.
