Border protection and control is a human rights sensitive field and Frontex, the European Border and Coast Guard Agency, is working in it. Thus, there is a need to give a possibility to hold Frontex accountability if it breaches fundamental rights. After all, as stated by Article 47 of the Charter, “[everyone] whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal”. Although the importance of accountability is undisputable, holding Frontex accountable is easier said than done. This is due to the Agency only coordinating and organising with Member States and supporting them.
Besides the option to hold the Agency directly accountable before the Court of Justice, there is only one internal mechanism allowing victims to complain directly to the Agency, but all of these possibilities have one thing in common, namely that their effectiveness is disputed. This includes criticisms on the access to the mechanisms, them not considering the vulnerable position of the refugees and their impartiality, which makes it relevant to raise the question: How can the external and internal direct accountability mechanisms of the European Border and Coast Guard Agency be evaluated in light of the way they operate and the challenges they face in ensuring accountability for fundamental rights violations?
In order to answer this question, the essay will first have a closer look at the external accountability through CJEU Actions and then discuss internal accountability through the Individual Complaint Mechanism. In their respective chapters, the accountability mechanisms will be described, analysed and tested against the research question. The analysis will make it possible to conclude on the question posed and to offer recommendations for the improvement of the mechanisms.