This chapter examines Frontex’s international cooperation legal framework and practice, and finds that both the former and current Frontex founding regulations explicitly make the scope of the international cooperation pursued by the agency subject to its technical-operational role and dependent on EU external relations policy. The 2016 Frontex Regulation largely maintains the design of the agency’s international dimension based on the previous legal framework, but also extends Frontex’s external powers in parallel with reinforcing the system of safeguards and controls over its cooperation activities with third countries. It arguably makes further improvements by ensuring that the agency pays due consideration to fundamental rights in its cooperation with third countries. Nonetheless, the current legal framework also raises a number of questions regarding the agency’s operations in third countries and effective scrutiny over Frontex’s international cooperation, including monitoring compliance with fundamental rights, legal review and individual protection.
Florin Coman-Kund, Mikołaj Ratajczyk and Elmar Schmidt
This chapter investigates the direct shared enforcement of the EU civil aviation safety rules by focussing on the interplay between the European Aviation Safety Agency (EASA) and the National Aviation Authorities (NAAs) in France and Germany. While direct enforcement in the aviation safety area follows a subsidiarity logic, a truly shared enforcement system built upon the concept of joint oversight and enforcement is revealed, whereby EASA and NAAs cooperate closely. Conversely, accountability for direct enforcement is separated along EU and national lines, and is entrenched within the general system of political and judicial accountability of the EU and the Member States. Whereas, the lack of (specific) accountability mechanisms accounting for the ‘sharedness’ of enforcement in the EU aviation safety area seems problematic, potential accountability gaps could be compensated by existing alternative internal and external review instruments, and the quest for more accountability should be regarded cautiously.