More than consultation: Civil society organisations mainstreaming fundamental rights in EU border management policies. The case of Frontex and its Consultative Forum

With the growing importance of agencies in the EU executive space (i.e., agencification), civil society organisations (CSOs) have increasingly direct their advocacy efforts towards EU agencies. Currently, CSOs are represented in several consultative bodies of EU agencies (e.g., FRA, EASO, and Frontex). In general, the role of these bodies and platforms is to “merely” assist EU agencies on fundamental rights matters. However, access to EU agencies gives CSOs a privileged position to push their claims forward. Frontex (or European Coast and Border Guard) is peculiar among EU agencies for its operative competences, and growing resources. Moreover, Frontex has repeatedly raised concerns on its accountability on fundamental rights matters at the EU borders. Therefore, in 2011, Frontex revised Regulation introduced a Fundamental Rights Strategy, and two new bodies: the Fundamental Rights Officer and the Consultative Forum on fundamental rights (CF). Aim of this research is to establish whether and to what extent CSOs influence Frontex “from within” and what are the outcomes of this interaction in terms of both fundamental rights mainstreaming and agency accountability. These issues are addressed using the literature on CSOs’ participation to EU governance, CSOs’ mainstreaming of fundamental rights, and CSOs’ potential for the accountability/legitimacy of EU agencies. Empirically, this study analyses CSOs’ strategy choice to lobby Frontex from within and questions it in light of the outcomes of this lobbying activity. Even though findings are mixed, due to the absence of CSOs’ clear advocacy goals within the CF, the relationship between CSOs, members of the CF, and Frontex remains unique in terms of mutual learning and potential for the establishment of an effective accountability relationship on fundamental rights matters. Collection of data and analysis have been carried out through expert interviews and by applying an interpretive approach to the study of Frontex official and unofficial documents.