The Good, the Bad and the Ugly - The EU’s Human Rights Responsibility Gap in Focus

Abstract

In its recent decision in ST v Frontex the CJEU missed once again an opportunity to review Frontex's conduct in light of human rights standards. The decision is the latest in a series of key decisions concerning EU human rights responsibility over the course of the past year, including WS and Others v. Frontex, Hamoudi v. Frontex, Sea Watch v Frontex, as well as Kočner and KS and KD. This contribution explains how some of these cases perpetuate the shortcomings of the EU’s human rights responsibility regime, while others show the Court’s willingness and ability to redress these.

Keywords

• CJEU
• Common Foreign and Security Policy
• Frontex
• Grenzschutz
• Human Rights
• migration law