European Border and Coast Guard (Frontex): Security, Democracy, and Rights at the EU Border

Abstract

The European Border and Coast Guard (EBCG) was officially launched in October 2016. In the European Commission’s view, it marks a milestone in the history of the integrated management of European Union (EU) borders. This article describes the main features of the new agency, focusing on two key issues. First, it analyzes the powers that the new agency is entrusted with in an attempt to understand whether it will be able to articulate a “European space of control” where an authentically postnational border police will take the lead over national border agencies. Second, it explores whether, and to what extent, the reform of the EU border agency has been accompanied by the development of mechanisms to exercise effective democratic and judicial control over its activities. The discussion concludes by arguing that the views of those who believe that the evolution of EU justice and home affairs policies does not raise particular challenges for the exercise of democratic control over EU security agencies and the protection of fundamental rights during their operations are fundamentally flawed, and that new ways to ensure proper scrutiny over security policies that take account of the peculiarities of EU institutional structure need to be devised.

Bordering Democracies, Democratising Borders

“…Operating in a blurred legal space where European and national geopolitical interests intersect and superimpose on migration and asylum regulations, FRONTEX has employed its technical and allegedly neutral expertise to prevent, identify, and manage migration movements. Over the years, as security has become increasingly important in the political agenda of the EU and the driving factor of border management, the agency has seen a continuous multiplication of financial resources and personnel as well as increasing autonomy from nation states (Ferraro & De Capitani 2016;Campesi 2018). Especially since the 2016 reform, the new FRONTEX has been appointed with new tasks in border and migration management, such as the "right to intervene" in case of state failure to address migratory pressures, the possibility to conduct search and rescue operations during border surveillance operations at sea, the enhancement of return and readmission procedures, and the strengthening of diplomatic coordination with third countries (Carrera et al 2018).…”

“…Especially since the 2016 reform, the new FRONTEX has been appointed with new tasks in border and migration management, such as the "right to intervene" in case of state failure to address migratory pressures, the possibility to conduct search and rescue operations during border surveillance operations at sea, the enhancement of return and readmission procedures, and the strengthening of diplomatic coordination with third countries (Carrera et al 2018). These tasks have extended the agency's operations beyond its traditional joint operations or rapid border interventions, complementing, monitoring, or in some cases substituting the functions of member states (Campesi 2018). Despite their reluctance to concede so many powers to a supra-national agency, member states are compelled to do so due to the lack of financial resources in autonomously managing their own borders, scarce coordination at the intergovernmental level, and increasing migratory (and social) pressures.…”

Integração Regional E Gestão De Fronteiras:

“…Para Campesi, apesar de a nova agência ainda depender das contribuições dos países, da vontade de cooperar e das capacidades domésticas, não detendo poder de comando efetivo sobre as autoridades nacionais, o que dificulta uma abordagem plenamente supranacional das questões fronteiriças, as mudanças não foram, de todo, irrelevantes 51 . Se, por um lado, a agência ainda não adquiriu poderes executivos em substituição às autoridades nacionais, por outro lado, adquiriu prerrogativas na direção estratégica das políticas de fronteiras, em face da avaliação de vulnerabilidades a que estão sujeitos os países do bloco, tornando a inteligência e a produção de conhecimento fatores centrais na gestão fronteiriça e migratória da UE.…”

Border Deaths

“…Actors such as governmental agencies of these transit countries or armed non-governmental groups would be the first ones to be highlighted. Interestingly, the European Border and Coast Guard Agency (Frontex) would also be highlighted since the European Border Agency provides training, guidance and material to these countries (Ikuteyijo 2014;Campesi 2018). According to our model, the level of manifestation of border violence and death would include both the meso level and macro level.…”