EU Commission plans major expansion of Frontex border powers and staff

The European Commission is preparing to propose a revision of the rules governing Frontex in October.

This step could significantly expand the agency’s powers and role within the context of Europe’s increasingly restrictive migration policy.

According to Commission plans reported by Euractiv, the European border agency appears set to gain a stronger mandate to cooperate with non-EU countries, a larger role in return operations, and expanded powers to counter cross-border crime and “hybrid threats”.

According to EU officials, the proposal, whose contents are expected to be unveiled next Wednesday during Ursula von der Leyen’s highly anticipated State of the European Union (SOTEU) address, is expected to include plans to triple the agency’s standing staff to 30,000 officers.

Established in 2004 to help manage growing pressures at the EU’s external borders, Frontex has since grown rapidly in its budget, personnel, and political visibility.

It has also sparked numerous controversies, including allegations of fundamental rights violations and pushbacks, which culminated in 2022 with the resignation of its then executive director, Fabrice Leggeri.

Leggeri is currently a Member of the European Parliament representing Marine Le Pen’s party, the National Rally.

This review comes in the wake of the migration crisis in Ceuta, the Spanish territory on Morocco’s northern coast, where tens of thousands of migrants crossed into the area in May.

The incident reignited debates in Brussels and EU capitals over the bloc’s capacity to manage its external borders and the role Frontex should play in responding to migration surges.

EU countries are already tightening the bloc’s migration system through a new returns framework that opens the door to “return hubs” in third countries, as well as the Pact on Migration and Asylum, which entered into force in June.

The agency is also expected to receive greater authority to take part in deportation proceedings.

Euractiv first revealed that national capitals were considering giving Frontex a role in executing returns from a territory outside Europe to other non-EU countries.

This power is not covered under the agency’s existing legal framework and would require a new legal basis.

Another area where Frontex could expand its role is through agreements with non-EU countries.

This would allow for more flexible forms of international agreements, including staff deployments, without the need to negotiate a full status agreement.

According to diplomats interviewed by Euractiv, most EU countries would support this step.

According to several EU officials briefed on the matter, the agency is also considering expanding its remit to include monitoring disinformation circulating on social media.

These changes would mark the next stage of evolution for Frontex, which has transformed from a relatively limited border coordination body into one of the EU’s most powerful agencies in migration and border control.

The Commission’s review could also grant Frontex new responsibilities in tackling hybrid threats, such as monitoring airspace over land borders and helping counter the use of drones.

However, not all capitals welcome granting Frontex a role in defence-related matters, stressing that security and defence must remain the responsibility of national governments.

Tripling the agency’s standing corps was one of the Commission’s initial ambitions for the review process.

The idea was first put forward among von der Leyen’s political priorities for 2024-2028.

However, EU diplomats and officials interviewed by Euractiv remain sceptical about whether this target is realistic, citing recruitment difficulties and the challenges of establishing a gender- and geographically balanced force.

The size of the standing corps returned to the political agenda during the Ceuta crisis. In August, European People’s Party (EPP) leader Manfred Weber demanded that the agency establish a 50,000-strong border force.

Under the target set during the agency’s 2019 review, Frontex’s standing corps is scheduled to reach 10,000 personnel by 2027.

According to a summary of Council discussions obtained by Euractiv, EU countries began discussing the future of Frontex last autumn.

During this process, several governments expressed concern over the Commission’s plans to expand the agency’s standing staff.

One proposal is to revive a defunct category of Frontex standing personnel.

This corps would consist of national officials who remain in their posts in their home institutions but receive training at the EU agency and stand ready for deployment in “exceptional circumstances”.

In the European Parliament, several parliamentary officials noted that this file is viewed as a key prize sought by von der Leyen’s EPP group to lead the negotiations.

Since the beginning of the mandate, sensitive migration legislation has generally passed with majorities spanning only from the “far right” to the “centre right”, and the Frontex review is likely to follow the same pattern.

According to the Commission’s latest agenda, the review is currently scheduled to be presented at the end of October alongside two other migration files.