Since its inception, BVMN has collected 1,575 pushback testimonies, affecting an estimated 24,990 people (BVMN, 2022). During pushbacks, BVMN has noticed a trend of ongoing and systematic violations of the fundamental rights of people on the move, constituting serious violations of the EU Charter of Fundamental Rights in Frontex operational areas. BVMN seeks to bring to the Commission’s attention information with regard to potential fundamental rights violations perpetrated with the acquiescence, complicity, or knowledge of Frontex. Through this submission, BVMN seeks to show that Frontex’s mandate is not in full compliance with its 2019 Regulation and that an expansion of its mandate at the expense of accountability mechanisms has provided the Agency with more powers and a toxic culture of impunity.

The European Commission will address at the end of the consultation process, in particular, the evaluation criteria of effectiveness, efficiency, coherence, relevance, and EU added value. In the absence of criteria of respect for fundamental rights, BVMN seeks to submit evidence that Frontex is not compliant with its fundamental rights obligations and the Regulation leaves a large margin to the Agency to act with impunity.