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

Corona and the situation of refugees in Germany

Restrictions on movement and contact, border closures, travel bans – the Covid 19 pandemic also means considerable limitations on civil liberties and fundamental rights in Germany. Many measures, however, particularly affect refugees.

On 16 March the European Union closed its external borders. Although the application for asylum was supposed to be one of the exceptions to entry permits, de facto the official border crossings for asylum seekers remained largely insurmountable. The EU is also stepping up the surveillance at „green“ and „blue“ borders. The border agency Frontex has suspended some of its operations, for example in the Western Balkans, because of the Corona crisis. But on the other hand, Frontex has extended its missions in Greece, which has seen a high number of arrivals of refugees due to tensions with Turkey, by two „Rapid Border Interventions“ at the Evros border river and in the Aegean Sea. At the beginning of April, the governments involved also suspended the „Malta deal“ for sea rescue in the central Mediterranean. Rescued persons are no longer being redistributed to the states willing to receive them; this affects a total of 731 refugees, most of whom were supposed to come to Germany. Malta and Italy completely closed their ports to private rescue vessels a little later, only with much public pressure could 150 rescued persons from the German ship „Alan Kurdi“ disembark in Malta in mid-April, most of the others were brought back by the Libyan coast guard – even from waters for which Malta is responsible. „Corona and the situation of refugees in Germany“ weiterlesen

Does Frontex arrange illegal push backs?

The EU Border Agency’s air surveillance could have triggered unlawful deportations at external borders. Such operations took place off Libya and Bosnia-Herzegovina.

For two years now, the Frontex Border Agency has been offering EU Member States the possibility of airborne monitoring of their external borders. The flights of this „Multipurpose Aerial Surveillance“ (MAS) are part of the surveillance system EUROSUR, with which Frontex monitors all external borders of the European Union and its „pre-frontier area“. EUROSUR provides so called Fusion Services, including satellite reconnaissance and drone flights.

Frontex installed the manned air surveillance service in the summer of 2017. The agency therefore commissioned a charter company in an operating agreement to fly a twin-engine aircraft of the type „Diamond DA-42“ . Their recorded video data will be transmitted in real time to the Frontex headquarters in Warsaw. Several national EUROSUR contact points, including in Spain, Portugal and Italy, can also receive the live images. „Does Frontex arrange illegal push backs?“ weiterlesen