Righting Wrongs at Home: The Potential of Domestic Judicial Remedies in Determining and Allocating Responsibility for Human Rights Violations in European Integrated Border Management

Abstract

Shared administration – EU migration agencies – The European Border and Coast Guard Agency Frontex – European Integrated Border Management and responsibility gaps – Unclear division of obligations in Frontex’s mandate – EU composite legal order and limits of EU judicial remedies – National courts and the right to effective judicial protection under Article 19(1) TEU and Article 47 Charter – Domestic judges as European judges – Advantages and potential of domestic remedies in multi-actor situations – Importance of preliminary references in shared administration– Domestic adjudication of human rights violations in European Integrated Border Management – Adjudication on member state responsibility – Adjudication on individual responsibility – Strengthening domestic judicial systems.