Abstract
From its establishment as a European Union agency in the field of border, migration and asylum policies in 2005, Frontex tasked with coordinating the operational management of the European Union’s external border through support to the EU’s member states, has expanded significantly. Through a series of reforms, most notably in 2007, and 2016 and 2019, the agency has become a crucial actor in what is referred to as ‘European Integrated Border Management’. Since the creation of the agency and its first operations, there has been significant concern, both from the European Parliament as well as NGOs and other civil society organizations that the executive mandate of the agency has not been counterbalanced by effective mechanisms for accountability, particularly with respect to fundamental rights.
The article provides an analysis of the European Border and Coast Guard Agency or Frontex, from its establishment to the last legal changes, describing the legal basis on which it is based, and its duties in the management and border coordination. A major concern is how individual ensure legal accountability for fundamental rights violations that occur in the context of its activities. Member States held accountability before their own national courts and before international courts and neither of these options are available in relation to Frontex.
An important part of this analysis are the findings in the final report of LIBE Committee on Civil Liberties, Justice and Home Affairs.
The methodology used for the analysis of this paper includes desk review on existing literature, legal texts, reports from international organizations, legal framework including Human Rights and a case study.