Preliminary action against Frontex pursuant to Art. 265 TFEU

Court: Court of Justice of the European Union

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

Relevant documents:

The First Legal Action v. Frontex: Press Release

The First Legal Action v. Frontex the Full Document


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