On 6 September 2023, the General Court delivered its infamous ruling in WS and others v Frontex. The Court dismissed the action for damages against Frontex, introduced by several Syrian asylum applicants who arrived in the Greek island and were returned to Turkey following a joint return operation between Greece and the Agency, despite having applied for international protection. The Court found that there was no causal link between the alleged unlawful conduct of the Agency and the damages suffered by the applicants.

The General Court once again confirms the problematic narrative that Frontex only acts as coordinator and facilitator in joint operations with Member States, and that any wrongdoing is attributed exclusively to the Member State in charge, notwithstanding the shared responsibility regime of the Frontex Regulation. This case is part of broader strategy of strategic litigation to hold the Agency to account by many civil society organisations, which has so far proven unsuccessful (e.g., order of the General Court in Case T‑282/21 and Case T-600/22, and the currently-pending T-136/22).

This event intends to unpack and discuss the legal accountability challenges resulting from this case-law, reflecting on whether there is a way to address the accountability gaps created by the novelties posed by the emerging structure of EU integrated administration, within the current system of EU judicial remedies.

The discussion will also go beyond the question of legal remedies, shading light on whether more flexible accountability avenues of a non-judicial nature have the potential of improving Frontex’s fundamental rights accountability.