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The Frontex Reform Measures Everything Except the Dead

Mateo Serrano Avatar

Read the Commission’s own summary of the plan and one word never appears: rescue.

The argument behind the Frontex reform deserves a fair hearing. Member states have spent a decade complaining that too few rejected applicants leave. The Commission reports that irregular crossings have dropped 55 percent in two years and that the return rate now exceeds 30 percent. The summer’s events in Ceuta showed how quickly a frontier can be overwhelmed. A larger, faster, better equipped agency answers a demand that governments of left and right have voiced repeatedly in the Council. Defending the plan before Parliament’s civil liberties committee on 4 November, Commissioner Magnus Brunner said every Frontex operation in a third country would require an agreement approved by Parliament, and MEPs from the centre-right and right welcomed its budget and returns role.

The difficulty is that current policy is succeeding by the measure it chose and failing by the test that counts most. On the central Mediterranean route, arrivals in Italy and Malta fell by about 55 percent to 24,455, while recorded deaths climbed from 921 to 1,006. Set against arrivals, that is roughly one death for every 24 people who landed, compared with about one in 59 a year earlier. In the eastern Mediterranean the ratio moved from one in 102 to one in 49. A caution belongs here: deaths per arrival are not the odds of dying on a crossing, since arrival figures cannot show how many people set out.

That dependence reaches beyond one agency. As funding and partnership deals move more of Europe’s border work into Libyan and Tunisian waters, responsibility does not stop where EU jurisdiction does, and letting Frontex operate in third countries makes that harder to ignore.

Dutch Green MEP Tineke Strik warned that working with third countries without proper oversight threatens fundamental rights. One need not share her politics to see the arithmetic: more powers, fewer safeguards.

None of this requires turning a border agency into a coast guard. It requires three amendments that the co-legislators can make during the talks ahead.

Second, negotiators should keep the Fundamental Rights Office’s power to examine national officers deployed in Frontex operations, let it open inquiries on its own initiative, and require the Executive Director to act on its recommendations to suspend operations.

Third, the agency’s annual risk analysis should publish deaths per arrival alongside crossing figures, route by route. A 55 percent drop in crossings already features in the Commission’s case as evidence of success. A central Mediterranean death ratio that has more than doubled deserves equal space in the same document.

Europe is entitled to decide who enters its territory, and nothing in this critique of the Frontex reform disputes that. The Commission is also right that a credible return policy belongs inside a credible asylum system. Yet a border policy that books fewer arrivals as progress while the share of travellers drowning climbs is tracking what it can manage and setting aside what it would rather not publish.

As drafted, the Frontex reform describes an agency that watches, intercepts, and returns. Over the coming months of negotiation, Parliament and the Council can still add the one verb the Commission left out.

ABOUT THE AUTHOR

Mateo Serrano is a Senior Analyst specialising in migration and border management. He writes on EU migration policy reforms, integrated border control, return procedures, and asylum cooperation frameworks for The European Post.