http://www.europolitics.info/sectorial-policies/advocate-general-on-schengen-code-art331811-16.html
On 17 April 2012, the advocate-general of the EU Court of Justice recommended
annulling an unlawful anti-immigration decision taken by the Council of
Ministers on 26 April 2010 (2010/252/EU) because it oversteps the
provisions laid out in the 2006 Schengen code (Case C-355/10). Backed by
the Commission, the Council states that this decision only brings
“non-essential elements” to the Schengen code. The European Parliament
has filed an appeal. Indeed, the EP considers that this decision “goes
beyond” EU regulation in ship “interception” operations by giving
national coast guards, coordinated by the European agency Frontex, very
strong powers. One example cited by MEPs is that it is possible to seize
the ship and arrest the persons on board; it is also possible to direct
the ship or those on board to a third country, or hand over the ship or
those on board to the authorities of a third country. Another example
is the rule that states that priority must be given to disembarkation in
the third country from where the vessel carrying the persons departed.
The advocate-general’s conclusions are not binding for the court, which
will reach its decision at a later date.
