7th Dec 2022


Frontex: An EU agency gone rogue?

  • Frontex's HQ in Warsaw. It was the Brussels office that saw a direct-action protest by citizens concerned at its operations in the Mediterranean and elsewhere (Photo: European Union, 2019)
Listen to article

Earlier this month, transparency activists from the German NGO FragdenStaat brought a suitcase containing €10,520.76 to Frontex - the sum of legal fees claimed by the EU border agency over a lost court case.

Despite calls from the EU Parliament, human rights NGOs and more than 80,000 petition signatories to drop its demand, Frontex insisted on the payment, threatening forceful recovery.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

This was not the first time civil society groups directly challenged the agency at its premises.

Nor was it the first time that the agency opted for a strategy of intimidation when confronted with citizens' discontent.

In early June, a group of activists covered the façade of the Frontex office in Brussels with fake blood and posters. With parallel direct actions staged in seven other countries, they demanded the "abolition" of Frontex and "demilitarisation" of Europe's borders.

Internal email

An internal email sent to Frontex staff just hours after that protest took place, reveals how the #AbolishFrontex campaign, a coalition of more than 70 European NGOs, was labelled by Fabrice Leggeri, the executive director of the agency, as a "hate campaign".

The protest, he wrote, was an act of "violence" that "is the result of several months of hate speech against Frontex".

Reminiscent of language used by public officials in times of terrorist attacks, Leggeri informed his staff how "deeply shocked" he was "by these incidents and the upsetting situation that our colleagues in Brussels had to face today".

In a separate email, Leggeri called upon Ylva Johansson, the EU commissioner, to express "any form of solidarity towards Frontex and its staff". He urged his colleagues to "stay strong" and vowed not to "not let such situations happen again".

This much the agency has been willing to reveal in response to an access to documents request.

Thanks to a leak of the complete email obtained by Lighthouse Reports, we now also know what Frontex chose to redact: namely, Leggeri's pledge to "not let the attackers get away with such behaviour" and to "lodge a complaint so that the perpetrators of the attack are prosecuted in Belgium."

Citing the need to protect "ongoing investigations" and "internal decision-making", the agency's transparency office deems these phrases not to be fit for public consumption. In a Kafka-esque irony, then, Frontex is withholding public access to documents pertaining to the response of a public institution to a protest by members of the public on grounds that this would violate the "public interest".

A question of democracy

Labelling classic direct-action tactics as an "attack" could be dismissed as mere hyperbole. After all, the stained façade of the Brussels office, another internal email concedes, was left "spotless" just hours after the activists left.

But the language used by senior public officials to frame such acts of protest matters. Indeed, the emails offer a rare insight into how citizens' growing engagement with EU border control policies are perceived at the highest echelons of the agency.

The June protest came at the peak of months of unprecedented public scrutiny of Frontex - an in-depth inquiry by the European Parliament into the agency's complicity in human rights violations, multiple media exposes of systematic violence in the Aegean Sea, along the 'Balkan Route', and other areas where Frontex operates, investigations by the EU Ombudsman and Olaf, legal actions at the ICC and ECJ, along with repeated calls for Leggeri's resignation.

Throughout, civil society organisations - from Amnesty International to AbolishFrontex - have shone the spotlight not only on on the rule of law crisis at the EU's external borders but, crucially, the lack of transparency and accountability surrounding Frontex's role.

Taken together, all of these developments amount to a profound challenge, unprecedented for an EU body, to the agency's legitimacy.

Presumably, this is what Leggeri had in mind when he referred to "several months of hate speech against Frontex" that resulted in the June "attack". Frontex's response to the "hate campaign" has been a determined attempt to police the bounds of permissible public speech.

Leggeri makes this point explicit in his emails: "Actions like the one that happened in Brussels today are not in line with the EU values or the rule of law and cannot be considered as a contribution to a democratic debate about policy making."

When Frontex chose to disregard the European parliament to desist from actions that have "a chilling effect on civil society's access to justice in the field of access to documents which is a fundamental right", it was merely turning Leggeri's words into public policy.

And when its own 'transparency office' systematically obstructs transparency to pre-empt negative publicity, it shows how deeply normalised this anti-democratic ethos is within the agency.

At stake here is the question of citizens' involvement in public-political deliberation concerning EU border control policies. Ultimately, it's a question of democracy.

Set against the everyday brutalities facing those who cross Europe's borders, the response to these protests raises important questions about the agency's increasingly rogue status.

For when a public institution effectively resorts to coercion - fining citizens who are demanding greater transparency and criminalising peaceful protest - it begins to resemble something akin to a private fiefdom.

Author bio

Dr Ludek Stavinoha is a lecturer in media and international development at the University of East Anglia in Norwich, UK. His research focuses on the politics of EU border control and migrant solidarity in Greece.


The views expressed in this opinion piece are the author's, not those of EUobserver.

Frontex 'own worst enemy', says EU auditor

A special audit on how Frontex supports member states in cracking down on "illegal migration and cross-border crimes" has painted a bleak picture of an EU agency, whose annual budget rocketed from €19m in 2006 to €900m in 2021.

Frontex redacts its hospitality spending figures

The EU's border agency Frontex has blacked-out entire documents on how it spends EU taxpayer money on itself, including gala dinners and hotels. The agency, whose annual budget has soared to €544m, claims there is "no overriding public" interest.

Frontex guilty of inflating legal fees against activists

A lawyer for Frontex billed too many hours in a case against transparency activists, the General Court of the European Union ruled. The agency had demanded a €23,700 legal bill from the activists - now reduced by over half.


Frontex chief took €8,500 private flight to Brussels meeting

Frontex spent €8,500 to send its executive director Fabrice Leggeri on a private jet to attend an evening meeting in Brussels. The Warsaw-based agency said there were scheduling conflicts preventing him taking a commercial flight.

The military-industrial complex cashing-in on the Ukraine war

From the outset, arms manufacturers eyed this war as a profitable business opportunity. Structural changes took place across the EU, not only to fast-track arms to Ukraine, but also to make more public finance available to the highly-lucrative arms industry.


Autocrats make us all less secure

How should democratic states co-operate with authoritarian governments in the future? My organisation, Democracy Reporting International, has studied the security strategies of 13 democratic governments to understand how they see this relationship.

Serbia now has no choice but to join EU sanctions on Russia

Vladimir Putin himself is somewhat suspicious of Serbia's leader, as are most who deal with the opaque Aleksandar Vucic. The Russian president has preferred to keep his Serbian counterpart compliant, via a tight rein of annually-reviewed gas pricing.

Stakeholders' Highlights

  1. Nordic Council of MinistersLarge Nordic youth delegation at COP15 biodiversity summit in Montreal
  2. Nordic Council of MinistersCOP27: Food systems transformation for climate action
  3. Nordic Council of MinistersThe Nordic Region and the African Union urge the COP27 to talk about gender equality
  4. International Sustainable Finance CentreJoin CEE Sustainable Finance Summit, 15 – 19 May 2023, high-level event for finance & business
  5. Friedrich Naumann Foundation European DialogueGender x Geopolitics: Shaping an Inclusive Foreign Security Policy for Europe
  6. Obama FoundationThe Obama Foundation Opens Applications for its Leaders Program in Europe

Latest News

  1. EU takes legal action against China over Lithuania
  2. EU Commission shoring up children's rights of same-sex parents
  3. The military-industrial complex cashing-in on the Ukraine war
  4. EU delays Hungary funds decision, as Budapest vetoes Ukraine aid
  5. Borrell gets pension from MEP fund set for taxpayer bailout
  6. Autocrats make us all less secure
  7. Big Agri's lies: green EU farming not to blame for food insecurity
  8. German top court declares €800bn EU recovery fund 'legal'

Stakeholders' Highlights

  1. EFBWW – EFBH – FETBBA lot more needs to be done to better protect construction workers from asbestos
  2. European Committee of the RegionsRe-Watch EURegions Week 2022
  3. UNESDA - Soft Drinks EuropeCall for EU action – SMEs in the beverage industry call for fairer access to recycled material
  4. Nordic Council of MinistersNordic prime ministers: “We will deepen co-operation on defence”
  5. EFBWW – EFBH – FETBBConstruction workers can check wages and working conditions in 36 countries
  6. Nordic Council of MinistersNordic and Canadian ministers join forces to combat harmful content online

Join EUobserver

Support quality EU news

Join us