The (im)possible mission of holding Frontex accountable – An analysis of the different direct fundamental rights accountability mechanisms.
Abstract
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.
References
Due to the length of the list, only a selection is shown here.
You can view the complete list of references in the PDF.
Legislation:
- Charter of Fundamental Rights of the European Union [2000] OJ C364/1
- Consolidated Version of the Treaty on European Union [2012] OJ C326/13
- Council Regulation (EC) 2007/2004 of 26 October 2004 establishing a European Agency for
the Management of Operational Cooperation at the External Borders of the Member States of
the European Union [2004] OJ L349/1 - Regulation (EU) No 1168/2011 of the European Parliament and of the Council of 25 October
2011 amending Council Regulation (EC) No 2007/2004 establishing a European Agency for
the Management of Operational Cooperation at the External Borders of the Member States of
the European Union [2011] OJ L304/1 - Regulation (EU) 2016/1624 of the European Parliament and of the Council of 14 September
2016 on the European Border and Coast Guard and amending Regulation (EU) 2016/399 of the
European Parliament and of the Council and repealing Regulation (EC) No 863/2007 of the
European Parliament and of the Council, Council Regulation (EC) No 2007/2004 and Council
Decision 2005/267/EC [2016] OJ L251/1 - Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November
2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013
and (EU) 2016/1624 [2019] OJ L295/1
Case law of the CJEU and Opinions of the Advocate General:
- Case 25-62 Plaumann & Co. v Commission of the European Economic Community [1963]
ECLI:EU:C:1963:17 - Case 60/81 International Business Machines Corporation v Commission of the European
Communities [1981] ECLI:EU:C:1981:264
Case 294/83 Parti écologiste “Les Verts” v European Parliament [1986] ECLI:EU:C:1986:166 - Case 222/84 Johnston v Chief Constable of the Royal Ulster Constabulary [1986]
ECLI:EU:C:1986:206 - Case 302/87 European Parliament v Council of the European Communities [1988]
ECLI:EU:C:1988:461 - Case 377/87 European Parliament v Council of the European Communities [1988]
ECLI:EU:C:1988:387 - Case 383/87 Commission of the European Communities v Council of the European
Communities [1988] ECLI:EU:C:1988:264 - Joined Cases C-15/91 and C-108/91 Buckl & Söhne and Others v Commission of the European
Communities [1992] ECLI:EU:C:1992:302 - Case C-44/00 P Société de distribution mécanique et d’automobiles v Commission of the
European Communities [2000] ECLI:EU:C:2000:686 - Case C-50/00 P Unión de Pequeños Agricultores v Council of the European Union [2002]
ECLI:EU:C:2002:462