Magisterarbeit, 2008
62 Seiten, Note: 67
Introduction
Section 1: European Regulatory Agencies
1.1 Agencification in the European Union
1.2 Principal-agent theory: Why, What, How
Section 2: Research questions, methodology, data
2.1 Research questions
2.2 Methodology and data
Section 3: Frontex and the external borders of the European Union
3.1 Delegation dilemmas: to guard or not to guard?
3.1.1 Origins
3.1.2 First steps
3.2 Agency mission, Regulation, composition and tasks
3.3 Institutional design
3.3.1 Management Board
3.3.2 Executive Director
3.3.3 Staff and structure
3.3.4 Resources
3.4 Activities output and working methods
3.4.1 Risk Analysis
3.4.2 Operational activities
3.4.3 Research, development, training and cooperation with external bodies
3.4.4 Joint return operations
3.5 The Member States, the Commission, the Parliament
3.6 Criticism
3.6.1 Institutional settings
3.6.2 Brief assessment of output
Section 4: Conclusions
4.1 Frontex: the road ahead
This dissertation examines the establishment and operational trajectory of Frontex, utilizing a principal-agent framework to investigate the dynamics between European Union institutions and the agency. It focuses on the motivations for delegating border security powers to an independent agency, assesses the agency's institutional design, and explores the challenges related to its autonomy, dependence on Member States, and its role in the broader EU justice and security landscape.
3.1.1 Origins
Leading from the creation of the Single Market in 1987, which had a ‘knock-on’ effect on JFSP policies [Stetter, 2000], the need for a common security policy has been increasing along with exogenous pressures such as global migration [Davis, Hirst, Mariani, 2001; Nyberg–Sørensen, Van Hear & Engberg–Pedersen, 2002; Monar, 2003; Hix, 2006]. In fact, since the 1990s, the European Commission has been studying the recognition of ‘European borders’ and launched a proto-form of cooperation within the Odysseus programme in 1998 [Monar, 2003; Hobbing 2005]. As a result, the seeds of the agency’s creation, with the fundamental concepts of “closer co-operation and mutual technical assistance” in the founding Regulation were in nuce contained in the Tampere Council conclusions [Council, 1999].
In fact, even if new security issues have been important – counter-terrorism for instance [see Council, 2002; House of Lords, 2003; Balzacq and Carrera, 2007; Vaughan-Williams, 2007], the main opportunity for the establishment of a new actor was given by the rising migratory pressure resulting in illegal immigration and the planned EU enlargement of 2004, that following the Amsterdam Treaty has resulted in an enlargement of the Schengen area [see Annex B]. In this sense, Member States realised that the existing problems in the implementation of the Schengen rules would have been unbearable on a larger scale, with the potentially explosive Eastern European frontier to add to the already problematic Mediterranean [Lavenex, 2001, 2004; Frontex, 2006; Jorry, 2007; House of Lords, 2003, 2008; Laitinen, 2008]. In practical terms, the problem was that “even if affected by illegal migration, the Dutch could not act anyhow to stop migrants from entering any Union’s ‘high risk area’, before Frontex was put in place” [de Temmerman, 2008].
Introduction: This chapter introduces Frontex as a key development in EU external border management, outlining the scope of its mission and the study's analytical approach.
Section 1: European Regulatory Agencies: This section provides a theoretical framework by examining the growth of non-majoritarian institutions and applying the principal-agent model to understand delegation in the EU context.
Section 2: Research questions, methodology, data: This section details the exploratory case-study methodology and the sources, including official documents and interviews, used to analyze the agency.
Section 3: Frontex and the external borders of the European Union: This extensive chapter analyzes the origins, legal foundations, institutional design, tasks, and criticisms regarding Frontex’s role and dependency on Member States.
Section 4: Conclusions: The final chapter summarizes the agency's current status and future outlook, highlighting the challenges of balancing national sovereignty with effective community-level border coordination.
Frontex, European Union, Border Management, Principal-Agent Theory, Agencification, Illegal Migration, Schengen, Institutional Design, Operational Cooperation, Delegation, European Security, Member States, Risk Analysis, Accountability, Governance
The dissertation investigates the creation, development, and operational impact of Frontex, the EU Agency for the Management of Operational Cooperation at the External Borders.
The research covers European regulatory agencies, the principal-agent theory in institutional contexts, border security management, and the political dynamics between EU institutions and Member States.
The work attempts to explain the motivations behind establishing Frontex, how its institutional design functions, and to what extent it has met the expectations of its creators while navigating the constraints of its operational environment.
The study utilizes an exploratory case-study approach, analyzing primary sources such as EU regulations and official reports, complemented by semi-open interviews with institutional representatives.
The main body covers the theoretical framework of European agencies, the historical origins of Frontex, its institutional design (including the Management Board and Executive Director), its specific tasks (such as risk analysis and operations), and various institutional criticisms.
Key terms include Frontex, principal-agent theory, border management, institutional design, European Union, and operational cooperation.
The model is used to analyze how Member States, as principals, delegate powers to Frontex, and to assess the resulting tensions regarding agency control, potential bureaucratic drift, and the preservation of national sovereignty.
The delegation dilemmas highlight the inherent conflict between Member States' need for efficient, coordinated external border protection and their reluctance to cede full control to a supranational entity.
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