Frontex and the respect of fundamental rights: from better protection to full responsibility

The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) was created to improve border management cooperation between Member States. Seen from its inception as a security-oriented body, tools and rules have been gradually developed to enhance the human rights dimension and protection regarding Frontex activities. However, this step has not been accompanied with the explicit recognition of Frontex's legal responsibility regarding violations of human rights occurring during joint operations it coordinates.

Frontex argues it has only a coordination role and therefore legal responsibility falls within the remit of Member States involved in joint operations. In a context where voices call for a change in this regard, this paper identifies several ways of engaging Frontex's legal responsibility. As this requires the development of a full body of rules protecting human rights, such a change would create political tensions regarding the aspect of exercising sovereign powers.

Read the full paper here