Protecting the Borders from the Outside

Abstract

Regulation (EU) 2016/1624 enables Frontex to launch operations in the territory of third countries. Accordingly, status agreements between the EU and the Western Balkan countries as well as Moldova have been concluded. This article provides an in-depth analysis of these instruments. As this article will demonstrate, the conclusion of the status agreements constitutes an improvement, in comparison with the instruments of cooperation already in place. Yet, their implementation could lead to human rights violations. The status agreements provide that the team members sent by Frontex act under the instructions of the host state. Consequently, the third state would incur the prime responsibility for human rights violations committed by these border guards. This transfer of authority has not been stemmed from a transfer of jurisdiction over acts committed by the members of the team: rather they are entitled to immunity for all acts committed during their official functions.