Law and Policy
Edited by Herwig C.H. Hofmann, Ellen Vos and Merijn Chamon
Chapter 3: The cooperation between the European Border and Coast Guard Agency and third countries according to the new Frontex Regulation: legal and practical implications
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.
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