European Border and Coast Guard Regulation and its fundamental rights implications

This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform
the European Parliament’s position on the legislative proposal on the European Border and
Coast Guard (EBCG) presented by the European Commission on 12 September 2018.

This FRA Opinion focuses only on four sets of issues. Chapter 1 makes suggestions on how to strengthen the overall fundamental rights protection framework, while Chapter 2 contains specific suggestions on how to address fundamental rights risks in specific aspects of the Agency’s operation, excluding returns. Chapter 3 discusses the Agency’s activities in the field of return of third-country nationals and Chapter 4 examines the challenges relating to the enhanced role of the Agency in third countries. This FRA Opinion, therefore, does not cover all fundamental rights issues that the proposal may raise. For example, it does not analyse the deployments of liaison officers and their role with regard to respect for fundamental rights (particularly as the proposal removes safeguards limiting the deployment of liaisons officers to third countries) or cover questions of criminal liability of deployed team members.