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Question by SYRIZA MEPs on European Border and Coast Guard 

 

On 15.12.2015 the European Commission published a proposal for setting up a European Border and Coast Guard with broad competences in the management of migration flows at the external borders of the EU, even without the consent of the member-states, raising questions of serious risks of violation of refugees’ fundamental rights, as was previously the case with FRONTEX. To deal with such risks the draft regulation provides for a Consultative Forum on Fundamental Rights, a Fundamental Rights Officer, and a Complaints Mechanism for violation of rights by its actions (Articles 70, 71, 72)[1]. However, the proposed mechanism is subject to the control of the Fundamental Rights Officer and, through him to the Executive Director of EBCG, for whose decisions there is no guarantee of impartiality and transparency.

We ask the European Commission :

1. How shall the independence of the Complaints Mechanism of the EBCG be enhanced and monitored? Shall there be ex. a direct involvement of the EP (LIBE/DROIT Committees), that would strengthen the democratic profile and credibility of the Mechanism?

2. Will the Consultative Forum on Fundamental Rights bringing together organizations like the UNHCR or the European FRA [2] play a decisive role?

[1] http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/securing-eu-borders/legal-documents/docs/regulation_on_the_european_border_and_coast_guard_en.pdf
[2] European Union Agency for Fundamental Rights

10.2.2016

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