UK asks Court for full access to Frontex border agency

The UK has urged the European Court of Justice to overturn a Council of Ministers’ decision to exclude it from participating fully in Frontex, the EU’s border agency.

Spain, one of the countries pushing hardest for a stronger agency, is supporting the Council in opposing full participation by the UK.

The UK made the case during an oral hearing at the court this week (13 March) in which it argued it had the right to opt in to issues related to the passport-free Schengen area. Frontex would benefit from British participation given the expertise it would bring, in terms of managing borders, training and sending experts and equipment, lawyers for the UK argued.

But other member states oppose full participation by the UK, since it is not a member of the Schengen area. They argue the UK only has the right to become involved in activities related to areas where it has already participated.

The legal argument centres on whether Frontex is an agency which builds on the development of the Schengen zone or whether it is related to ongoing Schengen activities in border management.

The UK is currently allowed to participate in operational activities of Frontex, such as sending equipment, but is not allowed a say at management board level.

The issue has its political roots in the choice made by the UK and Ireland to stay out of the Schengen area that British diplomats see the move as a signal that the UK should not be allowed benefits of Schengen-related activity without bringing down its borders as the Schengen members have. Spain’s stance in supporting the Council is considered odd given its pleas to member states last year for equipment and experts to help deal with the thousands of immigrants arriving in the Canary Islands, mainly from west Africa.

The effect of the court decision would be to exclude the UK altogether from the agency or to allow it to participate fully, a British diplomat said. The UK case is supported by Ireland, which would also benefit if the ruling went in the UK’s favour, Poland and Slovakia. An advocate-general will issue an opinion in the case on 21 June with a decision by the court expected three to six months afterwards.

The UK has urged the European Court of Justice to overturn a Council of Ministers’ decision to exclude it from participating fully in Frontex, the EU’s border agency.