Sea Watch v. Ministero Delle Infrastrutture e Dei Transporti (C.J.E.U.)

Abstract

On August 1, 2022, the Grand Chamber of the Court of Justice of the European Union (Court of Justice) published its judgment on the joined cases of Sea Watch eV against the Italian Ministero delle Infrastrutture e dei Transporti, the Capitaneria (Harbor Master's Office) di Porto di Palermo, and the Capitaneria di Porto di Porto Empedocle. The Court of Justice's judgment clarifies EU law regarding the additional inspection and detention of a private humanitarian assistance ship. A port state must make a reasonable and justified decision to conduct additional inspections or to detain a ship. The port state must base its decision on serious indications of dangerous operation. However, interpreting the EU law alongside the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for Safety of Life at Sea (SOLAS), the Court of Justice held that a port state cannot justify such additional inspections solely based on an excess of passengers beyond a ship's classification or certifications when that ship is rendering assistance to rescued individuals.