New analysis: reinforcement of Frontex runs into legal problems


An internal Frontex report published today by Statewatch highlights a series of issues in implementing the agency’s new legislation, including uncertain legal terminology and delays caused by the COVID-19 pandemic.

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The EU border agency is urging swift action to implement the mandate and is pressing ahead with the recruitment of its new ‘standing corps’, despite the pandemic, although it acknowledges a number of interruptions to the process.

The report also highlights problems with the acquisition, registration, storage and transport of weapons, for which the 2019 Regulation - negotiated in just six months - provides no legal basis.

The agency is also calling for derogations from EU rules on staff disciplinary measures in relation to the use of force and wants an extended set of privileges and immunities, in particular to cover its actions in non-EU states.

Furthermore, the agency admits to assisting with the “voluntary return” of almost 30 people between February and April, despite this activity appearing to fall outside of its legal mandate due to a lack of clear definitions.

See: Guns, guards and guidelines: reinforcement of Frontex runs into problems by Jane Kilpatrick

The Frontex report: State of play of the implementation of the EBCG 2.0 Regulation in view of current challenges, 27 April 2020, contained in Council document 7607/20, LIMITE, 20 April 2020 (pdf)

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