Luděk Stavinoha
@stavinoha
Associate Prof in Media and Global Development @ University of East Anglia Researching borders & camps | resistance & solidarity | transparency, #FOI & public spheres
What's more, Europol even tried to concoct a bizarre legal argument to carve out an exception for the minutes of its principal decision-making body from any future FOI requests. The Ombudsman did not buy it.
Protection of audits? "...it was not readily clear that those parts of the documents contain 'sensitive details'...."
Safeguarding "frank, objective and comprehensive legal advice"? "...the Ombudsman considered that they do not appear to contain legal advice...and that it was thus unclear why Europol relied on this exception to redact the relevant parts of the meeting minutes."
Protecting public security? "not readily clear how such a risk would occur"
Delighted to read in Europol's internal correspondence that a certain "researcher & journo" (👀) "appears" merely "to be dissatisfied"; that there is "no issue" in the way the agency handles FOI requests. Let's review the record of just one recent complaint, shall we?
Reviewing internal records obtained via FOI, we found that repeated alerts by Frontex's own Fundamental Rights Office, not just about pushbacks, but Greece's failure to comply with basic rights safeguards - such as cameras on Frontex co-financed vessels - have gone unheeded.
More than three years after Hans Leijtens vowed to make Frontex more transparent - this is the state of play: its most senior decision-making body insulated from virtually any public scrutiny.
For years, Europol invoked the 'international relations' exception to refuse access to exchanges with other EU bodies like Frontex. This seemed like BS to me. So I complained to the European Ombudswoman last year, who has now confirmed that Europol was wrong.
Excessive delays, redactions, refusals - there are not many wins in the struggle to make Europol more transparent. But, after years of legalistic gaslighting, Europol now finally acknowledges that its interpretation of EU law was erroneous all along; and has vowed to amend its internal FOI rules.
Just when you think you've seen all the absurdities from Frontex's 'transparency' office...you learn that the EU border agency is fighting 'criminals' by redacting sub-heading (of the minutes of its Fundamental Rights Compliance Panel). Orwell wept, once again.
If only Frontex officers were as keen to respond to people in distress when *on* duty, and to report human rights violations when they witness them, as obliged under the agency's code of conduct. balkaninsight.com/2024/09/06/e...
Meanwhile, at least we now know the latest grotesque euphemism Frontex deploys for the murderous tactics - such as boat rammings - routinely used by border authorities to deter migrants at sea: 'dynamic engagement' Orwell wept.
Contrary to what its name might suggest, the Panel is not chaired by Frontex' quasi-independent Fundamental Rights Officer. Instead, it's run by Deputy Director Lars Gerdes and the Operational Division - which, it seems, intends to keep a tight lid on the question of transparency.
Nor are EU citizens entitled to know basic details of how Frontex is responding to the continuous stream of evidence of border crimes committed in Frontex joint operations in Greece - all in the name, with no hint of irony, of safeguarding 'public security' and the 'modus operandi' of border police.
In fact, EU citizens - according to the agency's response to my FOI requests - are not even entitled to know the headings of some of the items on the FRCP's agenda.
The Fundamental Rights Compliance Panel was launched by Frontex to much internal fanfare last year. It's the principal body where senior managers meet to deliberate about fundamental rights aspects of FX operations. As much else with the agency, its work is shrouded by opacity, however.
Meanwhile, just a week before this Serious Incident Report was finalised, Frontex issued another glowing celebration of its Greek counterparts, and its operational presence in the very same area where this crime, and countless others, have taken place in recent years.
Another day inside @frontex.bsky.social's FOI archives. Another border crime, meticulously documented, with apparently zero consequences for anyone involved.
...the shared solitude of reading and writing... @rebeccasolnit.bsky.social 🙏
No doubt, Frontex will brush these findings aside; there will be no serious follow-up actions. One need only consider the tepid recommendations issued by the FRO: no call for the officers responsible to be sanctioned or banned from taking part in Frontex's Joint Operation.
In a damning internal report, @frontex.bsky.social concludes that its partners-in-crime - the Bulgaria border police - are responsible for abandoning three children, who were left to freeze to death last winter. www.dw.com/bg/lzite-na-...
There’s a lot of gaslighting involved in pursuing access to these sorts of documents. Frontex's legal team has turned legalistic bullshitting into an art form. So it’s reassuring that the European Ombudsman sees straight through it — and calls it out for what it is.
Access to documents is not a bureaucratic nicety or a favour granted by Frontex. It’s a "special fundamental right", as the ECJ has recognised. When authorities violate it, they weaken every citizen’s ability to take part in democratic life.
It's clear that these documents should never have been kept secret. I should never have had to go to the Ombudsman for redress. They should have been released when I first requested them in May 2024. Crucially, the Ombudsman found that Frontex's use of the 'public security' exception was baseless.
More evidence of Europol's apparent disregard for legal norms and boundaries - this time from Lesvos, where its officers appear to be behaving like secret intelligence agents, misusing Frontex activities to interrogate migrants.
You'd think that Frontex-the EU's €1 billion border and *coastguard* agency-would manage to cover at least the basics of humanitarian assistance. Apparently not. Apparently, they'd have much to learn from the grassroots SAR teams they crowded out from the shores of Greek islands ten years ago.
41 MEPs call upon the European Commission to initiate an independent inquiry into large-scale unlawful transfers of personal data between @frontex.bsky.social and @europol.europa.eu following our investigation for El Pais, Le Monde, Solomon, and Netzpolitik.
For @gesanchez.bsky.social - leading expert on smuggling - 'EU agencies often justify harvesting personal data from migrants by claiming it is necessary to combat sophisticated...smuggling networks. This creates the illusion that the data is actually reliable or useful. We know it's neither.'