13 Oktober 2023
A Hidden Success
Following the EU General Court’s dismissal of the complaint of WS and other asylum seekers against Frontex in its ruling on September 6, 2023, scholarly commentary has largely expressed disappointment. However, a more optimistic way of reading the judgement is also possible. By declaring the lawsuit admissible, the court confirmed that factual misconduct by Frontex can be addressed with action for damages claims – and this in itself is a major step forward in the system of fundamental rights protection in the European Union. Continue reading >>
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27 September 2023
Verwaltung ohne Verantwortung
Mit Urteil vom 6. September 2023 hat das Gericht der Europäischen Union (EuG) in erster Instanz erstmalig über eine Schadensersatzklage geflüchteter Personen gegen die Europäische Agentur für die Grenz- und Küstenwache (Frontex) entschieden und die Klage abgewiesen. Politische und zivilgesellschaftliche Vereinigungen sowie die Wissenschaft weisen schon länger auf systemische Mängel bei der Geltendmachung von Rechtsverletzungen gegenüber Frontex hin. Die Entscheidung des EuG perpetuiert diese Mängel, weil sie Bewertungsmaßstäbe nicht berücksichtigt, die aus menschenrechtlicher Sicht geboten sind. Eine dogmatisch überzeugende Integration dieser Maßstäbe in das Unionsrecht würde die Rechte geflüchteter Personen wahren und so das unionale Recht auf effektiven Rechtsschutz stärken. Continue reading >>
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09 September 2023
Shielding Frontex
In a landmark case, the EU General Court ruled this week on liability claims against Frontex for human rights violations - and rejected the damage claims. The case was the first of its kind concerning human rights responsibility of Frontex and had all the ingredients to prompt the General Court to finally clarify a number of pervasive and urgent questions concerning Frontex responsibility for complicity in unlawful human rights conduct. Instead, by conflating the wrongful conduct under scrutiny, the Court prevents a critical examination of Frontex’s conduct altogether. The significance of the case thus lies in the adopted approach by the Court, which, in effect, contributes to the systematic shielding of Frontex from any responsibility for contributions to human rights harms. Continue reading >>15 November 2022
Seven Months in the Freezing Forest
On 10 November 2022, Latvia extended the emergency situation at its border with Belarus for a further three months – now until February 2023. Introduced in August 2021 in response to the perceived ‘hybrid attack’ organised by Minsk, the state of emergency has since been renewed five times, effectively becoming a permanent condition. In practical terms that means that Latvia will continue carrying out systematic pushbacks – despite the very low number of border crossing attempts and allegations of gross violations of human rights. Continue reading >>28 Oktober 2022
Unexploited Monitoring Opportunities
Over the last year and a half, the European Border Coast Guard Agency has been under an unprecedented scrutiny. The Frontex saga started in 2020 when investigative journalists published ground-breaking findings, revealing how the Agency was breaching the law being complicit with human rights violations committed by Greek authorities. National Parliaments could play a bigger role in monitoring Frontex, serving as a complementary avenue for democratic oversight, in addition to the European Parliament. Continue reading >>
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08 September 2022
Financial Scrutiny of Frontex as a Political Accountability Tool
An investigation by the European Anti-Fraud Office (OLAF) on allegations of misconduct within Frontex ended with a report classified as confidential, which was therefore only accessible to the agency’s Management Board. Shortly after submission of the report, Frontex’ Executive Director (ED), Fabrice Leggeri, resigned, opening up a new cycle in the governance of the agency. Following up on this, the European Parliament (EP) decided to postpone the discharge of Frontex’ budget on the ground of lacking information with regard to the subject of the OLAF report. In this contribution, I argue that the EP’s refusal to approve the discharge of the budget of Frontex, even though having little impact on the financial stability of the agency, is a tool to enable the political accountability of Frontex. Continue reading >>
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08 September 2022
European Oversight on Frontex
The scandals about the complicity of Frontex in human rights violations in autumn 2020 exposed weaknesses in the accountability system. In this blog, I will elaborate on this by presenting the rules governing democratic accountability, followed by an analysis of the lessons learned during the parliamentary inquiry on Frontex’ human rights-related performances, in the light of their obligations. I will conclude with ideas on how to strengthen democratic accountability, and how to expand it to the much-needed public accountability of Frontex. Continue reading >>
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07 September 2022
Frontex and Migrants’ Access to Justice
While possibly marking a step in the right direction towards more political accountability, the controversial resignation of Frontex’s former Executive Director, Fabrice Leggeri, leaves open the question about the effective judicial protection for migrants interacting with the agency. A number of judicial actions are brought before the Court of Justice of the European Union (CJEU), as the only competent tribunal with jurisdiction on Frontex. By critically reviewing these judicial actions from the perspective of migrants’ access to justice, this post aims to flag the limits of the existing system of EU judicial remedies in light of Frontex wrongdoings. Beyond access to a court, access to justice vis-à-vis EU migration agencies must integrate elements of good governance, such as transparency and accountability. Continue reading >>05 September 2022
Frontex and the Rule of Law Crisis at EU External Borders
The resignation of the Executive Director of the European Border and Coast Guard Agency (hereinafter: Frontex or Agency) at the end of April 2022 re-opened Pandora’s box with regard to the adequacy of the accountability mechanisms on the Agency. The turmoil was caused by several allegations of breaches of the law, which seems to be confirmed by the OLAF report, leaked at the end of July 2022. The aim of this blogpost is, first, to discuss the emergence of a rule of law crisis in border management and, second, to lay a finger on issues regarding both internal and external oversight mechanisms over Frontex, with special attention for the composition of the Management Board, the very first oversight body within the Agency. Continue reading >>
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05 September 2022
An ‘Impossible Trinity’?
In international macroeconomics, the term ‘Impossible Trinity’ refers to three elements, which are impossible to coexist. In this Verfassungsblog series, we examine whether the EU’s external border policy, Frontex and the rule of law constitute such an ‘Impossible Trinity’, or whether they can be reconciled with appropriate accountability mechanisms. Continue reading >>
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