Mechanism to protect human rights from illegal activities of FRONTEX within the EU

Abstract

The article is devoted to the study of mechanisms to protection human rights from illegal activities of FRONTEX within the EU. The author notes that with the adoption of Regulation 2019/1896 the mandate of the Agency was significantly expanded, including by giving its staff executive powers. At the same time, the Agency has negative and positive human rights obligations, which stipulate that FRONTEX staff must not only refrain from committing violations, but also take all possible measures to ensure the fundamental rights of each participant in joint operations. However, the complex nature and lack of transparency in the Agency's operational activities increase the risk of serious incidents. In view of this, an important guarantee of respect for fundamental rights is the development of effective protection mechanisms.

The article analyzes the grounds and procedure for appealing to the European Ombudsman, the European Court of Justice, as well as the use by victims of a complaint mechanism within the Agency. Attention is drawn to the shortcomings of out-of-court mechanisms for the protection of human rights, primarily due to the recommendatory nature of the conclusions adopted as a result of complaints. The functioning of the internal mechanism for consideration of individual complaints by the Agency is positively assessed, but attention is also paid to the need to increase its autonomy and develop an appellate procedure for appealing decisions. It is concluded that the most effective remedy within the EU for victims of misconduct as a result of FRONTEX's unlawful act is the Court of Justice. The use of this mechanism requires a more careful collection of evidence to prove the causal link between unlawful act and harmful consequences, which is a difficult task for migrants who have been victims of violations.