De Coninck, Joyce Author aut Text xx# 2024 Verfassungsblog 2024-01-30 eng

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In Hamoudi v Frontex, the General Court dismissed another action that could have clarified if, when, and how independent or joint human rights responsibility would arise when Frontex is engaged in shared operational conduct with the Member States. This time not on the basis of an obscure re-interpretation of the Applicant’s claim, but instead, on the basis of an unattainably high and unrealistic burden, standard and method of proof. In doing so, the General Court again eschews from clarifying the nature, conditions and consequences of both independent and joint human rights responsibility of Frontex. Taken together, these cases raise the question whether there are any viable forms of judicial recourse for fundamental rights violations committed or contributed to by the EU’s Border and Coastguard Agency. CC BY-SA 4.0 De Coninck, Joyce asylum burden of proof ECJ Frontex Non Refoulement push-backs 342 https://verfassungsblog.de/shielding-frontex-2-0/ 2366-7044 Max Steinbeis Verfassungsblog gGmbH 10.59704/dd78417e1b8c5a76 240130 10.59704/dd78417e1b8c5a76 Converted from MARCXML to MODS version 3.7 using MARC21slim2MODS3-7.xsl (Revision 1.140 20200717)