MIL-OSI Europe: Written question – Italian court ruling on Libyan Coast Guard rescue operations and its implications for the legal compliance of EU funding – E-002089/2024

Question for written answer  E-002089/2024
to the Commission
Rule 144
Tineke Strik (Verts/ALE)

In June 2024, Crotone Civil Court in Italy ruled[1] that interceptions at sea conducted by the Libyan Coast Guard cannot legally qualify as rescue operations since the Libyan authorities are systematically armed, fire gunshots to intimidate civil society actors and migrants, and create an overall situation of danger. Furthermore, the court recalled that Libya cannot be considered a safe place for disembarkation due to its serious and systematic violations of human rights and the fact that it has never ratified the Geneva Convention.

• 1.Can the Commission confirm that it maintains the view that providing EU funds to the Libyan authorities through the programme entitled ‘Support to integrated border and migration management in Libya’ is justified on humanitarian grounds (see answers E-005612/2021[2] and E-000363/2022[3])?
• 2.If so, what implications will the Crotone ruling have for the provision of EU funds to Libya under this programme, considering the principle of sound financial management as enshrined in the Financial Regulation[4], which stipulates that EU funds should be effective in achieving the objectives of a project, and also considering the Italian court ruling, which states that Libyan border authorities are unable to carry out rescue operations in line with international standards?

Submitted: 16.10.2024

• [1] Ruling No 348/2024, available at: https://www.asgi.it/wp-content/uploads/2024/07/2024_06_26_Court-of-Crotone_final-decision_ITA_geschwarzt.pdf.
• [2] https://www.europarl.europa.eu/doceo/document/E-9-2021-005612-ASW_EN.html.
• [3] https://www.europarl.europa.eu/doceo/document/E-9-2022-000363-ASW_EN.html.
• [4] Article 33 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012, OJ L 193, 30.7.2018, p. 1, ELI: http://data.europa.eu/eli/reg/2018/1046/oj.