While harmonized enforcement has certainly preceded harmonized protection, the EU is
moving towards a common European asylum system with a harmonized refugee definition
and procedures, but, as evidenced by Greece, implementation still lags behind formal
harmonization. The inclusion of additional human and fundamental rights standards in the
proposed amendments to the Frontex regulation indicate progress by making explicit
rights guarantees that were previously implied.
Cooperation with Other EU Agencies
Although Frontex was not entrusted with a mandate to protect the human rights of
migrants, to its credit, on May 26, 2010, the border enforcement agency signed a
cooperation arrangement with the Fundamental Rights Agency (FRA).28 The FRA is an
advisory EU agency whose scope of activities includes “the fight against racism,
xenophobia and related intolerance.”29 A press release announced that FRA would “assist
Frontex in further and comprehensively integrating the fundamental rights approach into
its activities, as called for in numerous recent Council and Parliament communications.”30
The agreement between FRA and Frontex includes provisions allowing Frontex to obtain
expert opinions from FRA on joint operations and envisions FRA training of border guards
and Frontex staff.31 FRA is also expected to provide guidelines on respecting rights during
deportations.32 The agreement does not grant binding force to any of FRA’s opinions that
would control Frontex’s actions. The proposed amendments to the Frontex Regulation,
expected to be adopted in September 2011, would, however, establish a Consultative
Forum to advise Frontex on the development and implementation of its Fundamental
Rights Strategy, and directs the agency to invite FRA, the European Asylum Support Office
(EASO), UNHCR, and other relevant organizations to participate in the Consultative Forum.
28
Cooperation Arrangement between The European Agency for the Management of Operational Cooperation at the External
Borders of the Member States of the European Union, May 26, 2010
http://fra.europa.eu/fraWebsite/attachments/Cooperation-Agreement-FRA-Frontex_en.pdf (accessed April 13, 2011) (Below:
“Cooperation Arrangement”).
29 Council Regulation (EC) No 168/2007 establishing a European Union Agency for Fundamental Rights, February 15, 2007,
Article 5(b), http://www.fra.europa.eu/fraWebsite/attachments/reg_168-2007_en.pdf (accessed July 7, 2011). The same
regulation says that FRA work should relate particularly to the Charter of Fundamental Rights (preamble, paragraph 9), which,
in turn, makes no distinction, except specifically in Chapter 5 on Citizen’s Rights, with respect to the rights of non-citizens
living in the EU.
30 “Frontex Signs Cooperation Arrangement with Fundamental Rights Agency,” Fundamental Rights Agency press release,
May 27, 2010, http://www.fra.europa.eu/fraWebsite/media/mr-270510_en.htm (accessed April 3, 2011).
31 Cooperation Arrangement, Articles 3, 5, and 8.
32
Ibid., Art. 8
THE EU’S DIRTY HANDS
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