Thursday

28th Mar 2024

EU commissioner risks court action over Frontex

Listen to article

EU home affairs commissioner Ylva Johansson may end up in court in Luxembourg over a fresh case dealing with the EU's border force Frontex.

The commissioner was on Thursday (24 March) sent a legal notice by front-LEX, a Dutch-based civil society organisation that advocates for refugees' and migrants' rights, demanding she table a proposal to get Frontex chief Fabrice Leggeri fired.

Read and decide

Join EUobserver today

Get the EU news that really matters

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

... or subscribe as a group

"She has 60 days to respond," Omer Shatz, who filed the legal notice along with fellow lawyer Iftach Cohen, told EUobserver.

The lawyers are basing the legal notice on a "failure to act" under article 265 of the EU treaty. Drafted as a 13-page letter, the notice outlines legal arguments for Johansson to issue a proposal that seeks Leggeri's dismissal.

Any such proposal would need to be tabled to the Frontex management board, itself tasked "to exercise oversight over the agency." The board is composed of national police and interior ministry officials, plus two representatives from the European Commission.

It is unclear if the board would agree to fire Leggeri. But Shatz says Johansson is duty bound to at least table it. Asked for a comment, the European Commission has yet to respond.

Should she fail to respond to the legal notice, she will be challenged at the general court in Luxembourg, said Shatz.

Olaf investigation — who is in trouble?

The court threat against Johansson follows a year-long investigation into Frontex by the EU's anti-fraud office, Olaf.

Although the Olaf report itself is kept secret, two sources with knowledge of the investigation say the probe names executive-director Fabrice Leggeri and his former head of cabinet, Thibauld de la Haye Jousselin.

EUobserver is withholding a third name cited in the probe as questions remain over his role.

But each was asked to provide a comment prior to the publication of this article. Frontex however declined, saying it had to respect the "confidentiality of the investigations."

Olaf is set to issue possibly two more reports on the agency in the coming months with at least one likely dealing with harassment. This may cast a shadow over Thibauld de la Haye Jousselin, if indeed he has been accused of wrongdoing by Olaf.

Jousselin has since been reassigned a director role at the agency's human resources and legal affairs division, known as the Governance Support Centre. Harassment typically falls under the scope of human resources.

But the Centre also processes access to document requests, posing further questions given the agency has been accused of being involved in illegal push-backs of refugees and prospective asylum seekers.

MEPs' access

European lawmakers do not have access to the Olaf report. Instead, Olaf gave them an oral presentation summary of its investigation in early March.

Those talks were not made public but Spiegel International, a German publication, reported that Olaf during its presentation had accused three senior Frontex officials of breaching EU laws and had recommended disciplinary action.

Spiegel, along with other media outlets led by LightHouse Reports, had also in 2020 documented illegal pushbacks in the Aegean Sea. Some of those implicated Frontex, which has consistently denied any wrong-doing.

The agency's management board is next week set to discuss possible fall-out from Olaf's initial investigation.

Frontex chief tenders resignation

Fabrice Leggeri took on the role of the executive director of #Frontex in 2015. He posted a resignation letter earlier this week. Another senior official, Thibauld de la Haye Jousselin, may also have resigned.

EU lawmakers refuse to sign off Frontex budget

European lawmakers sitting on a parliament committee refused to sign off on the agency's budget, in a move that adds political pressure for Frontex to right its wrongs.

Too many Ukrainian refugees in Poland, EU says

EU home affairs commissioner Ylva Johansson in Brussels said efforts need to be made to encourage refugees from Ukraine in Poland to fan out to other member states.

Opinion

Why UK-EU defence and security deal may be difficult

Rather than assuming a pro-European Labour government in London will automatically open doors in Brussels, the Labour party needs to consider what it may be able to offer to incentivise EU leaders to factor the UK into their defence thinking.

Latest News

  1. Kenyan traders react angrily to proposed EU clothes ban
  2. Lawyer suing Frontex takes aim at 'antagonistic' judges
  3. Orban's Fidesz faces low-polling jitters ahead of EU election
  4. German bank freezes account of Jewish peace group
  5. EU Modernisation Fund: an open door for fossil gas in Romania
  6. 'Swiftly dial back' interest rates, ECB told
  7. Moscow's terror attack, security and Gaza
  8. Why UK-EU defence and security deal may be difficult

Stakeholders' Highlights

  1. Nordic Council of MinistersJoin the Nordic Food Systems Takeover at COP28
  2. Nordic Council of MinistersHow women and men are affected differently by climate policy
  3. Nordic Council of MinistersArtist Jessie Kleemann at Nordic pavilion during UN climate summit COP28
  4. Nordic Council of MinistersCOP28: Gathering Nordic and global experts to put food and health on the agenda
  5. Friedrich Naumann FoundationPoems of Liberty – Call for Submission “Human Rights in Inhume War”: 250€ honorary fee for selected poems
  6. World BankWorld Bank report: How to create a future where the rewards of technology benefit all levels of society?

Stakeholders' Highlights

  1. Georgia Ministry of Foreign AffairsThis autumn Europalia arts festival is all about GEORGIA!
  2. UNOPSFostering health system resilience in fragile and conflict-affected countries
  3. European Citizen's InitiativeThe European Commission launches the ‘ImagineEU’ competition for secondary school students in the EU.
  4. Nordic Council of MinistersThe Nordic Region is stepping up its efforts to reduce food waste
  5. UNOPSUNOPS begins works under EU-funded project to repair schools in Ukraine
  6. Georgia Ministry of Foreign AffairsGeorgia effectively prevents sanctions evasion against Russia – confirm EU, UK, USA

Join EUobserver

EU news that matters

Join us