From the security decrees to the immigration decree: points of reflection on the Sea watch case between constitutional and international law

Abstract

This paper, having the Sea Watch case as its cornerstone, traces the body of national, treaty and international rules on immigration, especially for what concerns the saving of lives at sea. The objective of the investigation is to answer the following question: is it possible, on the basis of national and international legislation, to prevent the docking of boats, especially if coming from Libya, on which shipwrecked or non-European citizens travel, by rejecting them collectively and preventing them to apply for international protection? The outcome of the investigation, which may appear obvious on the basis of the most recent decisions, nevertheless raises questions regarding the difficult situation in the Mediterranean, in particular, following the riots that occurred in Libya and in the northern part of the African continent starting from 2011.