Preliminary action against Frontex pursuant to Art. 265 TFEU


Court: Court of Justice of the European Union

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By Ilaria Aversa and Mariana Gkliati - 6 March 2021

  • Lawyers: Omer Shatz and Iftach Cohen (Front-Lex), Anastasia Ntailiani (Legal Centre Lesvos)
  • Submitted: February 2021
  • Status: Ongoing


Summary of the legal action:

This is the first legal investigation against Frontex. The lawyers ask Frontex to suspend or terminate its operations at the Aegean in light of serious and persistent human rights violations in accordance with Article 46(4) EBCG Regulation.

Main grounds for the Action:

  • No Due Diligence: FRONTEX’s Decision to Operate in a Member State with Suspended or Dysfunctional Asylum System and Alleged Crimes Against Humanity
  • No Specific Operational Plan: No Monitoring Mechanism; Failure to Investigate
  • Structural Failures of FRONTEX Irrespective of the Involved Host and Home Member States
  • Systematic, Widespread and Serious Violation of Fundamental Rights Obligations

Updates to the legal action:

Frontex asks court to reject human rights case, seeks legal costs from asylum seekers

"Frontex, however, is arguing that the application to the court is inadmissible. In a filing with the court obtained by Statewatch, the border agency avoids the substance of the application - and thus does not deal with the allegations of serious breaches of EU law - and demands that its own legal costs be covered by the applicants."

Relevant documents:

The First Legal Action v. Frontex: Press Release

The First Legal Action v. Frontex the Full Document

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