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 >>06 September 2022
Hybrid EU External Border Management
The recent resignation of the Executive Director of Frontex disguises in fact the many structural problems and flaws resulting from the hybrid exercise of significant executive powers within a shallow legal framework. This blogpost argues that this leads to a lack of clarity, adequate controls and safeguards which in turn creates fertile ground for abuse of power and unaccountability. Continue reading >>
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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 May 2022
Schengen Restored
On 26 April 2022, the Court of Justice of the EU rendered a ruling in joined cases C-368/20 and C-369/20 stating that Member States of the European Union can re-introduce border controls within the Schengen Zone only under strict conditions. The Court has stepped up as a guardian of the Treaties protecting free movement of people without controls at the internal borders of the EU. At the same time, it has left room for the European and national executives to exercise their function and fill in the blanks. Continue reading >>10 March 2022
A Tale of Two Borders
Poland has an over 500 km long border with Ukraine and – right next to it – an over 400 km long border with Belarus. At the border with Ukraine, tens of thousands of persons are crossing each day, and the authorities are making a huge effort to make the crossing smooth. At the border with Ukraine, tens of thousands of persons are crossing each day, and the authorities are making a huge effort to make the crossing smooth. At the border with Belarus, people who are trying to cross into Poland are still forced to wander in minus temperatures through thick woods. Continue reading >>
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28 January 2022
International Migration Law and Coloniality
In European human rights law, it is taken for granted that states have the sovereign right to regulate migration. A right to be admitted to a country of which one is not a national, or a right not to be expelled, exists only in exceptional cases. In this blogpost, I look at the origins of “the right to control the entry of non-nationals”. These are to be found in a shift in the colonial labour system which occurred in the second half of the 19th century. It is this history which explains the inequality represented on the map above. Continue reading >>
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29 November 2021
Military Actions on Dubious Legal Bases
For months, thousands of migrants from Middle Eastern countries attempted to enter Poland threatened by Belarusian troops. As a reaction, Poland has deployed substantial forces to counter the immigration influx, using the Border Guards along with police and military personnel. Thousands of Polish soldiers have been operating on the border with Belarus. There is, however, no published legal basis for these police-like interventions undertaken by military personnel. The spokesman of the Polish Territorial Defence Forces (WOT) cited an old act of the President on 28th of November, which is not in force anymore as it got repealed in June 2020. Continue reading >>
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28 October 2021
Pandemics without Borders?
Any future international treaty or instrument on pandemic preparedness and response should refrain from further perpetuating an understanding of international borders that is primarily based on considerations of territoriality – rather, it should ensure that borders are no longer a constitutive element determining the international community’s effort of fighting the spread of dangerous diseases. Continue reading >>
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11 October 2021
The Writing is on the Wall
On 6 October 2021, Advocate General (AG) Saugmandsgaard Øe published his Opinion in the joined cases C-368/20 NW v Landespolizeidirektion Steiermark and C-369/20 NW v Bezirkshauptmannschaft Leibnitz. Six Schengen countries (Germany, France, Austria, Denmark, Norway and Sweden) have reintroduced border controls over the past years. If the Court of Justice of the European Union (CJEU) were to follow the AG’s Opinion, they would need to seriously rethink their practices in this regard. New evidence-based procedures and serious reasons, capable of passing a proportionality test, would be necessary to introduce border controls within the Schengen Zone. Continue reading >>
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