Frontex and effective remedies: assessing mechanisms of legal protection in a shared enforcement space

EU external border management has become a shared enforcement space, where EU and Member States’ authorities cooperate within a highly integrated and complex legal framework. With the expansion of its mandate, Frontex increasingly acts as the operational arm of national authorities while remaining shielded under the umbrella of EU competences. Within this setting, the division of powers and the attribution of responsibility between the Agency and Member States remain ambiguous, as does the attention given to the corresponding system of legal protection. Against this backdrop, the thesis addresses the research question: to what extent are individuals, particularly third-country nationals, able to enforce their rights and seek protection against breaches arising from EU actions? This thesis contributes to the academic debate on effective remedies for rights violations linked to Frontex’s activities, while also engaging with the broader discourse on judicial protection in the EU’s hybrid administrative system. The analysis extends beyond Frontex to other decentralised agencies operating within the AFSJ, whose remedial frameworks are equally complex. These agencies function within composite administrative structures, where decision-making and enforcement involve both EU and national actors in a deeply interdependent ways. The analysis reveals that the significant expansion of AFSJ agencies’ has not been accompanied by adequate oversight, creating an accountability gap that the EU judiciary alone cannot bridge. The lack of clear allocation of powers and effective accountability mechanisms underscores the urgent need to strengthen judicial protection while exploring alternative remedies, including administrative and extra-legal measures, to effectively address rights violations.