Deadline for sending feedback on the implementation by Frontex of its fundamental rights obligations
In view of the new legal framework and the interest taken by civil society in the EU's management of external borders, including its fundamental rights dimension, the Ombudsman seeks to clarify, by an own-initiative inquiry, the implementation by Frontex of its fundamental rights obligations.
Background:
On 6 March 2012, the Ombudsman launched an own-initiative inquiry into the implementation by Frontex of its fundamental rights obligations. In his opening letter asking Frontex for an opinion, the Ombudsman noted that the legal framework under which Frontex operates has changed. Thus, with the entry into force of the Treaty of Lisbon on 1 December 2009, the Charter of Fundamental Rights of the EU became legally binding on Frontex. Moreover, Regulation 1168/2011/EU ('the Regulation')[1], adopted in October 2011, provides for additional fundamental rights obligations incumbent on Frontex.
Publication of Frontex's opinion
On 17 May 2012, Frontex submitted its opinion to the Ombudsman. It explained that, since 2010, it has developed a fundamental rights strategy, as well as a binding code of conduct for those participating in its activities. Frontex also listed other measures it is currently taking to ensure full respect for fundamental rights.
Invitation to submit observations
The ombudsman is aware of the specific interest taken in his inquiry by organisations active in the area of the protection of fundamental rights. In these circumstances, the Ombudsman invites interested parties, and in particular NGOs and other organisations specialised in the area covered by his inquiry, to make observations on Frontex's opinion.
The Ombudsman is, therefore, highly interested in receiving feedback from interested parties on Frontex's answers to the questions he put to it, including for instance, Frontex's adoption of a Fundamental Rights Strategy and the appointment of a Fundamental Rights Officer.
The present inquiry is not intended to examine and solve individual cases involving Frontex's fundamental rights obligations. Such cases can of course be submitted to the Ombudsman through individual complaints.
Comments should be sent to the Ombudsman by 30 September 2012.
- By letter: European Ombudsman, 1 avenue du Président Robert Schuman, CS 30403, F - 67001 Strasbourg Cedex, France;
- By fax: +33 (0)3 88 17 90 62;
- By e-mail: http://www.ombudsman.europa.eu/shortcuts/contacts.faces
Useful documents, including the press release, the letter from the ombudsman, opinion from Frontex and others are accessible on the web site of the European Ombudsman.