The EU Legislator, Frontex and Fundamental Rights

Busuttil, Nicolette

Abstract

Chapter 4 examines our case study, Frontex, established in 2004, and the efforts of the EU legislator to ensure the (then) new border police agency's obligations to protect human and fundamental rights. Following the numerous revisions of the law establishing the mandate of the agency from the perspective of fundamental rights obligations, we set out the inflation of references to fundamental rights obligations for the agency in the iterations of development of the mandate but correlated with increasing concerns regarding the practices of violence in the agency's coordinated operations. The conclusion is that including fundamental rights obligations in the mandate of Frontex has been insufficient to achieve compliance, it needs to be accompanied by monitoring and oversight by independent state authorities.

Citation

Busuttil, N. (2023). The EU Legislator, Frontex and Fundamental Rights. In E. Guild (Ed.), Monitoring Border Violence in the EU. Routledge. https://doi.org/10.4324/9781003424710-4

• Publication Date: Aug 1, 2023
• Deposit Date: Mar 15, 2024
• Publisher: Routledge
• Series Title: Routledge Studies in Liberty and Security
• Book Title: Monitoring Border Violence in the EU
• ISBN: 9781003424710
• DOI: https://doi.org/10.4324/9781003424710-4