Holding Frontex Accountable – In Conversation with Joyce De Coninck

In current public discourse, human rights violationsat the EU’s borders are inextricably linked to one specific actor: the European Border and Coast Guard Agency – or, in short, Frontex. Since its establishment in 2004, human rights activists have become increasingly aware of variousrights violations committed by the agency, particularly in the Mediterranean. To name just one example, Frontex has been accused of providing the locations of migrants intercepted at sea to the Libyan coast guard, which then transportedthem to camps where they have been systematicallyraped, tortured, and enslaved. Remarkably, despite accusations of the most severe human rights violations, Frontex has largely managed to avoid legal consequences. Currently, Frontex stands before the Grand Chamber of the Court of Justice of the EU for the first time in its history.

In this conversation, Dr. Joyce De Coninck explainswhy Frontex has so far evaded accountability for severe human rights violations and discusses legal pathways for change. The conversation begins with an analysis of Frontex’s history, during which its representatives have consistently promoted a specific narrative that remains central tounderstanding why the agency has been able to avoid accountability for so long: that Frontex acts only in a “coordinating and supporting” role. According to De Coninck, this is problematic because, although Frontex has grown substantially in both budget and competencies overthe past 20 years, the narrative of it playing only a minor role has remained unchanged. The conversation then turns to how this narrative is reflected in concrete cases, as De Coninck explains how Frontex’s joint operations with EUmember states shield the agency from legal consequences—and offers legal solutions to address this issue. The discussion then shifts to the broader challenges faced by human rights litigants in the EU. The final part of the interview focuses on the risk of frustration and fatalism among human rightsactivists confronting an EU that appears increasingly willing to contribute to the erosion of those rights. De Coninck cautions against adopting a defeatist stance and references Professor Gráinne De Búrca’s concept of HumanRights Experimentalism. Despite its challenges regarding effectiveness and potential negative consequences, this approach views the human rights project as an iterative and deliberative process—one in which attempts by publicauthorities to circumvent rights are far from abnormal. Human rights remain an ongoing struggle, and such actions must be met with counterarguments, not defeatism.