Crossing The Line - a case study of FRONTEX's mission and mandate

Abstract: Why has FRONTEX evolved without introducing a mechanism for accountability? This case study answers this question by examining relevant treaties and regulations concerning FRONTEX's mandate, as well as previous scholarship in the area – and applying a top down approach to explain the evolution of FRONTEX's development. The study goes beyond focusing on FRONTEX's role as an intelligence agency, and instead applies a neofunctional theoretical framework to account for its evolution in the capacity of an EU agency. The examination of the material reveals operations and a legal framework with an intertwined character, and how this complicates accountability when the agency operates on Member State territory. The main findings indicate that a discourse of national competences and sovereignty has been retained throughout interventions as well as in the legal framework that the EU has set for FRONTEX, proving intergovernmental elements in the evolution of EU border management. There has been national reluctance towards the agency operating on Member State borders. This, in combination with functional spillover of integration and technocratic elements, related to its managerial role, has provided the agency with an unclear framework that makes it possible to experiment and take over Member States' responsibilities when it comes to border management, without being held accountable for it.