Summary:
The environment of immigration in the European Union has changed dramatically in recent years. Significant challenges in the field of managing mixed, refugee and migratory flows in the eastern and southern neighborhoods of the European Union continue to emphasize the need to adapt and increase its capacity as a factor of stability, while also emphasizing its close relationship with the external. and internal security. The difficulties and problems it has to deal within this area are a result of the instability in its immediate neighborhood and its changing conditions. In this endeavor, the European Union (hereinafter referred to as the EU) must balance between two pillars vital to its progress so far, internal security in the European acquis and the protection of fundamental rights, democratic values and social freedoms, which itself represents. However, the refugee and migrant pressure that has taken place in the last five years, mainly due to the massive influx of refugees into its territory, coupled with the already increased migration mobility from the Mediterranean passages, has resulted in the "collapse" of the common European border, posing the European project itself is in question.
In the face of this challenge, the EU and the Member States (MS) seemed to be unprepared to welcome the significant waves of these mixed flows. The unprecedented volume of refugee flow has been the EU's biggest challenge in implementing its asylum policy and protecting its values and ideals. Aiming at a common immigration policy for all MS, while respecting the diversity of each of them, the Union has endeavored to provide solutions to the refugee and migration issue, sometimes systematically and at times by taking extraordinary critical measures. At the forefront of the effort to control European borders and manage the EU's mixed flows lies the policy of return / repatriation of illegally staying within the common European territory of third-country nationals. Its aim is to formulate within a common set of rules for all MSs related to return operations of third-country nationals who do not qualify for entrance or residence in the territory of any EU MS. This effort is called, in parallel, to ensure an effective and humane approach to this issue, while always respecting the fundamental rights of returnees, as an essential element of a well-organized and human-centered migration policy.
In the same context, the establishment of the European Border and Coast Guard Agency (Frontex) is a logical continuation of the process of integration and the principle of free internal movement in the EU, without undermining the security dimension. The idea of its establishing is deeply intertwined with the European project. The Agency was created to assist and coordinate the management of the EU's external borders and has become an important player in the web of EU externalization policies. However, in addition to the Union's internal and external security, it has played a leading role in recent years. the implementation of european return policy.
On the other hand, return operations by MS, which are based on EU law and bilateral readmission agreements, concluded either by the MS itself or between the EU and third countries, are being treated with concern. This, because in recent years there has been increasing controversy over the practices, given complaints of violations of the fundamental rights and freedoms of returnees, in particular with regard to the non-refoulement circumvention. The basis, then, of Frontex's new, expanded rules of competence over Joint Return Operations, is that the Agency can contribute as a balancing force between the continual oscillation of tug-of-war between security and human rights and freedoms. always keeping in mind the respect and protection of the latter. The present study is divided into two parts and each part comprises two chapters. In the first chapter, following the main definitions, the contemporary EU migratory environment and the EU's outsourcing policy for managing the migration and refugee issue are briefly analyzed.
The second chapter attempts to present the european organization Frontex. The first outlines the Agency's role, competence and legal framework, followed by its framework for managing migratory and refugee flows. The chapter concludes with the development of cooperation between the Agency and other Union agencies excercising their responsibilities, followed by a brief examination of the extension of its responsibilities following the recent proposal for the new Frontex Regulation. The second part of this study discusses the legal parameters that are crucial to Frontex's operations regarding returns of third-country nationals. The legal aspects of EU law on returns, and in particular the key points of european Directive 2008/115 / EC, its proposal for recasting by the European Commission, readmission agreements with third countries, and the multilateral Declaration are summarized at the end. concluding a summary analysis regarding the EU - Turkey Statement, on 18 March 2016.
The last chapter describes the scope of the implementation of return policies in relation to respect and protection of fundamental rights and freedoms in the context of Frontex's return operations. After a brief analysis of the fundamental principle of non-refoulement, it follows a brief examination on the Agency's operational action and its effects on the human rights of refugees and migrants, and presents its established internal mechanism for human rights and human rights oversight. further safeguards taken during joint return operations. In conclusion, follows the researcher's conclusions.
Keywords:
European Border and Coast Guard Agency - FRONTEX, EU Returns Directive (2008/115 / EC), returns, readmissions, human rights, non-refoulement, EU-Turkey Statement, externalization of EU policy, asylum, international protection, border protection, joint return operations.
