Frontex and Human Rights: Responsibility in 'Multi-Actor Situations' under the ECHR and EU Public Liability...

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Melanie Fink (Leiden University)

Frontex and Human Rights

Responsibility in 'Multi-Actor Situations' under the ECHR and EU Public Liability Law

Melanie Fink (Leiden University)

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English

Oxford University Press
13 December 2018

EU & European institutions; International human rights law; International organisations & institutions

Series: Oxford Studies in European Law

This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.

By: Melanie Fink (Leiden University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions: Height: 238mm, Width: 164mm, Spine: 29mm
Weight: 776g
ISBN: 9780198835455
ISBN 10: 0198835450
Series: Oxford Studies in European Law
Pages: 408
Publication Date: 13 December 2018
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1: Introduction 2: Frontex-Coordinated Joint Operations 3: Responsibility Under the ECHR 4: Liability under EU Law 5: Conclusion

Melanie Fink is a Postdoctoral Researcher at the Europa Institute of Leiden University.

Reviews for Frontex and Human Rights: Responsibility in 'Multi-Actor Situations' under the ECHR and EU Public Liability Law

Fink's study is without question a fundamental contribution to the discussion about the responsibility of the EU for human rights violations in the context of border control and return operations under the aegis of Frontex. This book would be thus of great interest to policy makers, judges, lawyers and all those interested in EU migration law and in problems of attribution of responsibility for human rights violations in the context of the emerging European integrated border management system. * Giulia Raimondo, Border Criminologies *