The 'Shared Responsibility' of the European Border Coast Guard Agency and the Member States: untangling Article 7 of Regulation (EU) 2019/1896
[eng] This thesis investigates the legal responsibility of the European Border and Coast Guard Agency (EBCGA or Frontex) under Article 7 of Regulation (EU) 2019/1896, which establishes a framework of ‘shared responsibility’ between Frontex and national authorities for the implementation of European...
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| Tipo de recurso: | tesis doctoral |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | España |
| Institución: | Universidad de Barcelona |
| Repositorio: | Dipòsit Digital de la UB |
| OAI Identifier: | oai:diposit.ub.edu:2445/228250 |
| Acceso en línea: | https://hdl.handle.net/2445/228250 http://hdl.handle.net/10803/697022 |
| Access Level: | acceso embargado |
| Palabra clave: | Dret d'emigració Fronteres marítimes Drets humans Human rights Responsabilitat extracontractual Migration law Water boundaries Non-contractual liability |
| Sumario: | [eng] This thesis investigates the legal responsibility of the European Border and Coast Guard Agency (EBCGA or Frontex) under Article 7 of Regulation (EU) 2019/1896, which establishes a framework of ‘shared responsibility’ between Frontex and national authorities for the implementation of European Integrated Border Management. Frontex’s role has evolved from a mere coordinator of border control activities into an executive agency with direct operational powers, but adequate accountability mechanisms have not matched this expansion. Furthermore, the concept of shared responsibility as articulated in Article 7 remains vague and judicially untested, hindering the enforceability of legal obligations and contributing to a regime of impunity. The thesis addresses the central research question: How can the shared responsibility regime under Article 7 be made operational before the Court of Justice of the European Union (CJEU)? In doing so, it examines two interrelated sub-questions: (1) What are the applicable EU and international legal sources governing border control at sea for Frontex and Member States? and (2) What does ‘shared responsibility’ mean in practice during Frontex-led maritime Joint Operations, particularly in terms of task allocation? The scope of this thesis is limited to maritime Joint Operations, with a particular focus on the legal obligations associated with the right to life, the duty to conduct search and rescue (SAR), and compliance with the principle of non-refoulement. The research reconstructs the fragmented legal framework applicable to these operations and offers an ex ante allocation of responsibility to the EBCGA and participating actors. It further proposes interpretative approaches for making Article 7 operational in judicial proceedings before the CJEU. Finally, the thesis puts forward a set of legislative and non-legislative proposals aimed at closing the EBCGA’s accountability gap and reinforcing compliance with EU fundamental rights standards. |
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