Il contrasto dell'immigrazione via mare tra repressione penale e diritto internazionale

The migration is one of the main topic of the international agenda, non only related to the EU insistutions, but also concerning other international insistutions and non governamental organisations. In this context, the fight against the irregular immigration by sea assume a strategic importance in the light of the increasingly felt need to combat the transanational criminal organizations aimed at smuggling and trafficking in human beings. The criminal instruments used for this purpuse have necessarely to deal with international conventions related to search and rescue obbligations and to the principle of non refoulement. In this framework is also absolutely necessary to protect the national and EU border, in light of the protection of public order and security, as also higlighted by the new Pact of Migration and Asylum, signed in 2020 and recently implemented by an agreement bitween the european Parlament and the Council.