Frontex actions beyond EU borders : status agreements, immunities and the protection of fundamental rights

Simple item page
dc.contributor.authorPREVIATELLO, Martina
dc.date.accessioned2023-06-30T10:38:51Z
dc.date.available2023-06-30T10:38:51Z
dc.date.issued2023
dc.description.abstractReg. (EU) 2019/1896 confers upon Frontex the power to deploy border management teams from the standing corps to any third country. It also provides for the conclusion of a status agreement between the EU and the third country concerned, on the basis of art. 218 TFEU, in cases where team members exercise executive powers on the latter's territory. Besides setting out the scope of the operations and the tasks and powers of Frontex team members, status agreements also contain provisions on their civil and criminal liability. In particular, members of the team enjoy immunity from the jurisdiction of the partner country in respect of the acts performed in the exercise of their official functions in the course of the actions carried out in accordance with the operational plan. At the same time, reg. (EU) 2019/1896 states that the Agency is bound by EU law ﾖ including the fundamental rights protection acquis ﾖ where cooperation with third countries takes place on the territory of those third countries. To this aim, both the regulation and status agreements contain various safeguards, among which a previous fundamental rights situation assessment by the Commission, the setting up of a complaints mechanism, a special role assigned to the Agency's fundamental rights officer and the creation of the fundamental rights monitor. The new model status agreement enacted by the Commission in December 2021 contributes to strengthen this toolkit. Against this background, the present contribution analyses the legal remedies at disposal of people, especially third country nationals, claiming to have their fundamental rights been violated as a result of Frontex executive operations carried out beyond EU borders. The analysis assesses the possibility to strike a balance between the effective protection of fundamental rights and the provisions concerning immunities of Frontex border guards.en
dc.format.mimetypeapplication/pdfen
dc.identifier.issn1831-4066
dc.identifier.urihttps://hdl.handle.net/1814/75751
dc.language.isoenen
dc.orcid.uploadTRUE
dc.orcid.uploadtrue*
dc.publisherEuropean University Instituteen
dc.relation.ispartofseriesEUIen
dc.relation.ispartofseriesLAWen
dc.relation.ispartofseriesAELen
dc.relation.ispartofseriesWorking Paperen
dc.relation.ispartofseries2023/06en
dc.relation.ispartofseriesEuropean Society of International Law (ESIL) Paperen
dc.rightsinfo:eu-repo/semantics/openAccessen
dc.rights.licenseAttribution 4.0 International*
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/*
dc.titleFrontex actions beyond EU borders : status agreements, immunities and the protection of fundamental rightsen
dc.typeWorking Paperen
dspace.entity.typePublication
eui.subscribe.skiptrue
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
WP_AEL_2023_06.pdf
Size:
720.89 KB
Format:
Adobe Portable Document Format
Description:
Full-text in Open Access
Download
Collections
AEL Working Papers