sets out that Frontex considers respect and promotion of fundamental rights to be
“unconditional and integral components of effective integrated border management.”76
Indeed, the strategy takes important steps towards accountability: it notes that the Court
of Justice of the European Union (CJEU) currently has authority to review “the legality or
provide interpretation to guide the acts of the EU Agencies which in turn are obliged to
respect fundamental rights in all their activities” and that “Frontex should therefore also
take into account the relevant EUCJ case-law in its activities.”77
Likewise, the strategy states that when the EU accedes to the European Convention of
Human Rights the European Court of Human Rights will also be able to review the actions
of the EU and “Frontex should therefore also take into account the relevant ECtHR case-law
in its activities.”78
As well as referring to the obligations under the Charter of Fundamental Rights of the EU,
the strategy states, “All human rights instruments adopted by the United Nations and the
Council of Europe Conventions as ratified by all the Member States are applicable.”
The document emphasizes that Frontex shares responsibility with member states, but
distinguishes between member state responsibility for their actions and Frontex’s
responsibility for coordinating those actions. Article 13 of the strategy reads:
Member States remain primarily responsible for the implementation of the
relevant international, EU or national legislation and law enforcement
actions undertaken in the context of Frontex coordinated joint operations
(JOs) and therefore also for the respect of fundamental rights during these
activities. This does not relieve Frontex of its responsibilities as the
coordinator and it remains fully accountable for all actions and decisions
under its mandate. Frontex must particularly focus on creating the
conditions for ensuring compliance with fundamental rights obligations in
all its activities.79
76
Ibid., preamble.
77
Ibid.,para. 7.
78
Ibid., para. 6.
79
Ibid.
THE EU’S DIRTY HANDS
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