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LIBE Committee refers Frontex surveillance at sea measures to the European Court of Justice

The European Council decision of 26 April 2010 supplementing the Schengen Border Code as regards the surveillance of the sea at the external borders in the context of operational cooperation coordinated by FRONTEX at the external borders of the Member States of the European Union (2010/252/EU, OJ L 111, 4.5.2010) is going to be referred to the European Court of Justice by the Committee on Civil liberties, Justice and Home Affairs of the European Parliament (LIBE).

This is what the LIBE Committee decided during the meeting on 10 May 2010, following its failed attempt to reject the adoption of such a measure because its motion for a resolution did not reach the necessary majority during the plenary of 27 March 2010.

The Legal Service of the European Parliament considers the draft measure adopted by the Council, which lead Malta to withdraw its participation in hosting FRONTEX missions, exceeded the implementing powers provided by Article 12 (5) of the Schengen Borders Code and it is precisely this procedural aspects that the LIBE Committee is going to challenge before the European Court of Justice.

Nevertheless it recommends the Court to retain the effects of the measure until a new legislative act has been adopted.

In the meantime the FRONTEX mandate revision is under negotiation and it is probable that the European Court of Justice will wait until the approval of the new mandate before delivering its opinion.

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