The European Border and Coast Guard Rising: Recent Developments in the Light of EU Accountability Standards and Mechanisms

Abstract

This contribution is concerned with conceptualizing accountability and establishing accountability for acts of Frontex. It discusses recent legislative changes relating to the European Border and Coast Guard (EBCG) and its Agency and critically assesses the concept of “shared responsibilities” according to Article 5 of the EBCG Regulation. On the assumption that obligations exist and responsibility can be established I will (a) elaborate on EU law standards of accountability (stemming from the EU rule of law or fundamental rights such as Articles 41 et seq., Article 47 of the EU Charter of Fundamental Rights) and (b) apply accountability standards and (non-judicial) mechanisms to EU external border control by the EBCG. In this context special regard will be given to Frontex’ fundamental rights complaints mechanism established in October 2016. My conclusion will cover the effectiveness of the new complaints mechanism and an evaluation of the overall accountability performance of Frontex.