1 Introduction
During the last 5 years, migratory flows by sea have attracted considerable attention
on the international media and increased resonance in policy debates at regional and
international level. The narrative is replete with stories of migrants trying to cross the
Mediterranean Sea using unseaworthy boats while trying to reach European shores
to seek better opportunities and international protection. These desperate and hazardous journeys are often organised by criminal networks that feed on the business
of smuggling migrants towards the EU.
In the fight against transnational criminal organisations that smuggle irregular
migrants across the Mediterranean, the European Border and Coast Guard agency
(hereinafter Frontex) facilitates the coordination of Members States’ technical support in international joint operations at sea. In particular, Frontex coordinates the
deployment of additional technical equipment for maritime operations (e.g. aircraft,
helicopters and patrol vessels) and specially-trained teams of border guards by
providing such support and expertise where needed or upon request by Member
States.
In this field, Frontex promotes early-interception techniques and pre-frontier
monitoring activities that allow the agency to react promptly to cross-border threats
by sea. As a result, law enforcement operations are progressively taking place on the
high seas where concepts like ‘exclusive flag State jurisdiction’, ‘right of visit’ and
‘right of hot pursuit’ find their application in accordance with the international law of
the sea. Over the years, Frontex contributed to an extensive interpretation of the
existing international law provisions in order to extend coastal States’ jurisdiction on
the high seas. Recently, however, regardless of the safeguards enshrined in its
founding regulation,
1 Frontex-led operations are increasingly contributing to adopt
maritime interception practices that, in the name of border security, could ultimately
weaken the principle of exclusive jurisdiction of flag States on the high seas.
1 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016
on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European
Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European
Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision
2005/267/EC.
222
M. Fantinato
During the last 5 years, migratory flows by sea have attracted considerable attention
on the international media and increased resonance in policy debates at regional and
international level. The narrative is replete with stories of migrants trying to cross the
Mediterranean Sea using unseaworthy boats while trying to reach European shores
to seek better opportunities and international protection. These desperate and hazardous journeys are often organised by criminal networks that feed on the business
of smuggling migrants towards the EU.
In the fight against transnational criminal organisations that smuggle irregular
migrants across the Mediterranean, the European Border and Coast Guard agency
(hereinafter Frontex) facilitates the coordination of Members States’ technical support in international joint operations at sea. In particular, Frontex coordinates the
deployment of additional technical equipment for maritime operations (e.g. aircraft,
helicopters and patrol vessels) and specially-trained teams of border guards by
providing such support and expertise where needed or upon request by Member
States.
In this field, Frontex promotes early-interception techniques and pre-frontier
monitoring activities that allow the agency to react promptly to cross-border threats
by sea. As a result, law enforcement operations are progressively taking place on the
high seas where concepts like ‘exclusive flag State jurisdiction’, ‘right of visit’ and
‘right of hot pursuit’ find their application in accordance with the international law of
the sea. Over the years, Frontex contributed to an extensive interpretation of the
existing international law provisions in order to extend coastal States’ jurisdiction on
the high seas. Recently, however, regardless of the safeguards enshrined in its
founding regulation,
1 Frontex-led operations are increasingly contributing to adopt
maritime interception practices that, in the name of border security, could ultimately
weaken the principle of exclusive jurisdiction of flag States on the high seas.
1 Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September 2016
on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the European
Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the European
Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council Decision
2005/267/EC.
222
M. Fantinato