The European Border and Coast Guard Agency (Frontex) and the limits to effective judicial protection in European Union law

• Autores: Salvatore Fabio Nicolosi
• Localización: European Law Journal, ISSN-e 1468-0386, Vol. 30, Nº. 1-2, 2024, págs. 149-164
• Idioma: inglés
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• Dialnet Métricas: 2 Citas
• Resumen

  • The principle of effective judicial protection is a cornerstone of EU law which is predicated on theexistence of a complete system of judicial remedies. However, with the expansion of the opera-tional powers of the European Border and Coast Guard Agency (F RONTEX ) and the consequent fun-damental rights concerns, this article challenges the assumption that the EU is based on such acomplete system of remedies. By critically reviewing the judicial actions against FRONTEX before theCourt of Justice, this article illustrates the limits to effective judicial protection for migrantsattempting to enter the EU. It will be argued that the lack of an effective remedy suggests a viola-tion of the right to good administration. Therefore, this article explores the potential of the bondbetween judicial protection and good administration to fix the loopholes within the emerging sys-tem of shared administration, in which EU agencies progressively interact with national competentauthorities.