EU law: No one can stop Frontex

For the first time, the EU border agency commands and arms its own police force. Because its director is „fully independent“, this reinforces a glaring control deficit.

Frontex is an agency which was established by the Council of the European Union in 2004 with Regulation 2007/2004 without a parliamentary decision. It was only subsequently given parliamentary legitimacy within the framework of the Treaty of Lisbon by means of several amendments to the Regulation (first with the amending Regulation 1186/2011 on the basis of Article 77 (2) of the Treaty on the Functioning of the European Union).

Frontex’s governing body is the Executive Director, Fabrice Leggeri, and his now three deputies. Leggeri is, according to the current Regulation 2019/1896, „completely independent in the performance of his or her duties“ from the other EU institutions as well as from the member states. He may „neither seek nor take instructions from any government or from any other body“. This also applies to the agency as such, which „should be independent as regards operational and technical matters and have legal, administrative and financial autonomy“. „EU law: No one can stop Frontex“ weiterlesen