Can Frontex Be Held Liable for Human Rights Violations? Potential Application of Recent European Case Law to the Activities of an Inter-Governmental Agency

12 Pages Posted: 21 Jun 2012

Date Written: June 20, 2012

Abstract

This short paper explores the implications of international standards for European migration law, in particular the application of the Dublin II Regulation and the operation of Frontex. It discusses the facts and judgments in the 2011 and 2012 European Court of Human Rights decisions Belgium and Greece v. M.S.S. and Hirsi v. Italy and the 2011 European Court of Justice decision in Joined Cases C-411/10 and C-493/10. Finally, the paper examines the potential applicability of these three judgments to activities of the inter-governmental agency Frontex as outlined in the 2011 Human Rights Watch report The EU’s Dirty Hands: Frontex Involvement in the Ill-Treatment of Migrant Detainees in Greece.

Keywords: European Migration Law, Refugee and Asylum Law, Human Rights Law, European Court of Human Rights, Court of Justice of the European Union, European Union, Dublin II, Frontex

JEL Classification: K42, K33

Suggested Citation

Brooks, Tequila J., Can Frontex Be Held Liable for Human Rights Violations? Potential Application of Recent European Case Law to the Activities of an Inter-Governmental Agency (June 20, 2012). Available at SSRN: https://ssrn.com/abstract=2088249 or http://dx.doi.org/10.2139/ssrn.2088249

Tequila J. Brooks (Contact Author)

Tilburg Law School ( email )

Tilburg, Noord Brabant
Netherlands

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