How the Frontex Sea Borders Regulation avoids the hot potatoes

This contribution focuses on the externalization of maritime border controls coordinated by the EU borders agency Frontex. This externalization occurs in two ways. First, by geographically relocating controls away from coastal border crossing points to the various maritime zones. Secondly, by involving non-EU countries in border controls. The recently adopted Frontex Sea Border Regulation aims to clarify the legal regime applicable to such controls in the sphere of fundamental rights, powers of interdiction and search and rescue obligations. The contribution argues that the Regulation is fundamentally flawed as it avoids hard choices, thereby failing to harmonize divergent Member State practice. Further, it provides substandard human rights protection, by creating a parallel legal regime for boat migrants which fundamentally differs from ordinary provisions of EU asylum and immigration law