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L’Agence Frontex : la police européenne aux frontières au défi du respect des droits humains des migrants
This article examines the expansion of the mandate of the European Border and Coast Guard Agency (Frontex) since its creation in 2005. It analyzes the impact of the Agency's growing powers on the human rights of migrants. As shown by the 2020 New Pact on Migration and Asylum, the Agency enjoys strong political support for its integrated management of the external borders of the EU Member States. In particular, Frontex can carry out joint maritime, land and air operations and forced removals, in addition to deploying agents in third countries. In 2021, a permanent contingent of the European Border and Coast Guard with enforcement powers will be established. We argue that this unprecedented reinforcement of Frontex’s powers reflects the preference of the EU and its Member States to respond to migratory pressure primarily by securitizing their borders in order to deter unwanted migrants. This approach is not only counterproductive but also leads to serious violations of the rights of migrants, including asylum seekers. Despite some changes in the Agency's mandate to improve the rights' protection framework the lack of clear rules for the determination of Frontex's responsibility in joint operations and the absence of an effective remedy for rights violations remain particularly problematic.