Debate: Frontex, building on the fact-finding investigation of the LIBE Working Group for Frontex Scrutiny
Date: WEDNESDAY, 13 DECEMBER 2023
Speaker: Janez Lenarčič
Language: EN

It is Frontex’s mission to support Member States to manage the EU’s external borders by detecting and preventing irregular migration, by combating cross-border crime, by supporting the implementation of the EU return policy. To fulfil its mission, the co-legislators have made Frontex the biggest EU agency, with a substantial budget, because Europe needs a strong and well-functioning Frontex. Thousands of men and women do their duty as border guards every day with professionalism, integrity and commitment, and the report recognises the significant progress made in good governance and monitoring of fundamental rights compliance. To date, 39 out of 42 working group recommendations have already been implemented by Frontex and I think this is commendable. And this is also thanks to the role played by the Parliament and the Frontex Scrutiny Working Group. This is a shared task. The Commission shares the Parliament’s view that the Fundamental Rights Officer should be consulted early, systematically and proactively in the process of developing and renewing operational plans, and this is now a standard practice. And fundamental rights monitors should have the same degree of access as all other Frontex-deployed staff. But Member States have the final word on allowing access to any Frontex staff member, and this also applies to fundamental rights monitors. Since 2021, the agency has also improved whistle-blower mechanism. A stronger Frontex also means stronger oversight. The Commission therefore strongly supports the new Executive Director’s priorities of accountability, transparency and respect of fundamental rights. The agency has implemented 11 out of 14 recommendations issued by the European Ombudsman. The implementation of the remaining three recommendations is in progress. The Parliament is always invited to attend the Management Board meetings, and the European Parliament can also coordinate with national parliaments to exercise greater scrutiny over the agency and national border management institutions. The safe and effective management of the EU’s external borders must be firmly rooted in the respect of international and EU law. This includes compliance with our Charter of Fundamental Rights and with the principle of non-refoulement. Today, the Fundamental Rights Office has around 70 personnel, including 46 monitors, which is six more than called for by the regulation. All participants in Frontex operations have access to the Serious Incidents Reporting Mechanism and can report perceived violations of EU and international law. Anyone who feels their rights have been violated in the context of a Frontex joint operation can access the complaints mechanism. If deemed admissible, their case will be thoroughly investigated by the Fundamental Rights Officer. Finally, on the external dimension, all status agreements and working arrangements with third countries include fundamental rights safeguards, which are the basis for our cooperation. Frontex is a consolidated pillar of our migration and security policies. It has gained importance in the last years and will grow more in the future. The Commission is a member of the Management Board of Frontex. From that position we are prioritising good governance, transparency, accountability and the agency’s respect for EU and international law, including respect for fundamental rights as enshrined in the EU Charter of Fundamental Rights. We remain committed to ensuring that the agency is transparent and accountable.