Frontex at the epicentre of a rule of law crisis at the external borders of the EU

• Luisa Marin ^[1]
  1. [1] Università dell'Insubria

     Università dell'Insubria

     Varese, Italia

     
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 30, Nº. 1-2, 2024, págs. 11-28
• Idioma: inglés
• Enlaces
  • Texto completo
• Resumen

  • Next to the rule of law ‘crises’ within Member States, a new facet of this rule of law crisis is emerg-ing at the external borders of the EU, and sees the EU border agency Frontex as its epicentre.This article illustrates the multiple facets of this crisis which concerns Frontex's functioning andactivities, discussing a form of ‘agency capture’ that occurred under the mandate of the formerExecutive Director and a legal framework ensuring limited monitoring and transparency on opera-tions. Subsequently, the article delves into the constitutional meaning of the rule of law for anagency such as Frontex, both for its significance on relations between authorities and individualsand for the interplay between the rule of law and accountability. The article concludes by calling fora rethinking of the accountability instruments in place, to constrain more effectively the exercise ofdiscretion by agencies.