On Nov 14th European Ombudsman, Emily O’Reilly, has closed its own-initiative inquiry against Frontex, concluding on Frontex’s view that human rights infringements are exclusively the responsibility of Member States (where Frontex operations take place) concerned, to be invalid.
The Ombudsman’s consideration goes into the heart of the argument between human and refugee rights defenders and the EC about the legal gap created in order to make Frontex a security structure that stands at the forefront of immigration policy making and border controls without ever being possible to be held accountable about human rights violations the policies and controls might produce.
The idea of the so called “legal gap” is simply based on a legalism (which is what essentially the Ombudsman has rejected), meaning that European Member States through a formal procedure claim authority and responsibility for every operation Frontex conducts on their borders. On the field this translates to an…
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