The ICJ made a submission to the EU Ombudsman on the compliance of the Code of Conduct on Joint Return Operations of Frontex with international human rights law.
The submission was presented in the context of European Ombudsman’s own initiative inquiry concerning the means through which Frontex ensures respect for fundamental rights in joint return operations.
The ICJ concluded that the Code of Conduct for Joint Return Operations Coordinated by Frontex, while a considerable improvement on the previous absence of regulation, does not fully reflect Frontex’s duties in the field of joint return cooperation, organization and execution.
In particular, the ICJ stressed that the standards of the Code of Conduct on the use of force, coercive measures, training and identification do not fully reflect Member States and EU institutions, agencies and bodies obligations under international and EU law.
Finally, the ICJ found that a primary weakness of the Code of Conduct is the lack of proper standards, guarantees and guidelines in relation to the returnee’s right to an effective remedy and reparation, as enshrined in article 47 EU Charter, article 13 ECHR and article 2.3 ICCPR.
Disclaimer: the ICJ is a member of Frontex Consultative Forum on Fundamental Rights. This submission is not sent in the ICJ’s capacity as a member of the Consultative Forum and does not necessarily represent the views of the Forum.
EU-JointReturnsInquiry-ICJSubmission-2015-ENG (download the submission)