A Nexus Approach to the Responsibility of the European Border and Coast Guard: From Individual to Systemic Accountability

Presented at the Seminar: 'Seminar, Controlling Migration through Cooperation: Recent trends in the externalisation of migration control', in Tilburg, on 2 February 2018.

Criminal Justice, Borders and Citizenship Research Paper No. 3118551

27 Pages Posted: 28 Feb 2018

See all articles by Mariana Gkliati

Mariana Gkliati

Leiden University, Leiden Law School, Institute of Immigration Law, Students

Date Written: February 5, 2018

Abstract

The interaction of multiple actors if European Border and Coast Guard Operations leads to a nexus of responsibilities, both individual and collective, positive and negative, direct or indirect, that is hard to disentangle. The connections between the responsibility of member states and that of the agency often lead to a non-singular answer to the question of the one responsible, which is not accommodated by the existing paradigm of legal accountability. Thus, this paper suggests a different approach to accountability, named ‘systemic accountability’, arguing from the perspective of justice, the rule of law, and strategic litigation.

Keywords: criminal justice, citizenship, EBCG, European Border and Coast Guard, Frontex, borders, accountability, responsibility, immigration, migration, asylum, refugee

Suggested Citation

Gkliati, Mariana, A Nexus Approach to the Responsibility of the European Border and Coast Guard: From Individual to Systemic Accountability (February 5, 2018). Presented at the Seminar: 'Seminar, Controlling Migration through Cooperation: Recent trends in the externalisation of migration control', in Tilburg, on 2 February 2018.; Criminal Justice, Borders and Citizenship Research Paper No. 3118551. Available at SSRN: https://ssrn.com/abstract=3118551 or http://dx.doi.org/10.2139/ssrn.3118551

Mariana Gkliati (Contact Author)

Leiden University, Leiden Law School, Institute of Immigration Law, Students ( email )

Rapenburg 70
Leiden, 2300 RA
Netherlands

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