human resources and technical equipment. Besides, with this proposal,
Frontex’s internal and external mandate and powers would be significantly
enhanced. The Agency would be able to co-lead border patrol operations
with EU Member States, deploy liaison officers in third countries,
coordinate joint return operations, launch and finance pilot projects.20
(Emphasis added).
In light of these possible developments, the committee expressed concern at the time
about Frontex’s lack of transparency and accountability and questioned whether the
proposal would provide sufficient oversight of Frontex, including its human rights
performance:
The overall question of responsibilities between Member States’ officers,
the host Member State border officers and Frontex’s personnel remains
unclear and ambiguous in the Commission’s proposal and should be
treated by the lead committee of Parliament together with open questions
with regard to the component body for complaints in case of violations of
human rights of migrants.21
One of the amendments expected to be adopted in September 2011 places responsibility
on home member states to discipline guest officers engaged in Frontex activities who
violate fundamental rights or international protection obligations but also authorizes the
executive director of Frontex to suspend joint operations or pilot projects if he “considers
that violations concerned are of a serious nature or likely to persist.”22
Although the Frontex Regulation, as it existed prior to the amendments expected to be
adopted in September 2011, did not include a provision that explicitly protected refugees
and vulnerable groups, it did say that Frontex "respects the fundamental rights and
observes…the Charter of Fundamental Rights of the European Union."23 The expected
approval of the proposed amendment to the Frontex Regulation in September 2011 will
remedy this lacuna in Frontex’s explicit protection regime both by directing Frontex to draw
20 See European Parliament, Opinion of Committee on Foreign Affairs, 2010/0039 (COD), January 18, 2011, p. 3
http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE448.907+02+DOC+PDF+V0//EN&language=EN (accessed September 8, 2011).
21 Ibid.
22 Proposed amendment, Article 3a, of Council Regulation (EC) No 2007/2004 of October 26, 2004 establishing a European
Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union.
23
Frontex Regulation, preamble, para. 22.
THE EU’S DIRTY HANDS
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