A Hidden Success - Why the EU General Court’s Frontex Judgment is Better Than it Seems

Following the EU General Court’s dismissal of the complaint of WS and other asylum seekers against Frontex in its ruling on September 6, 2023, scholarly commentary has largely expressed disappointment. However, a more optimistic way of reading the judgement is also possible. By declaring the lawsuit...

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Bibliographic Details
Main Author: Catharina Ziebritzki
Format: Article
Language:deu
Published: Max Steinbeis Verfassungsblog GmbH 2023-10-01
Series:Verfassungsblog
Subjects:
Online Access:https://verfassungsblog.de/a-hidden-success/
Description
Summary:Following the EU General Court’s dismissal of the complaint of WS and other asylum seekers against Frontex in its ruling on September 6, 2023, scholarly commentary has largely expressed disappointment. However, a more optimistic way of reading the judgement is also possible. By declaring the lawsuit admissible, the court confirmed that factual misconduct by Frontex can be addressed with action for damages claims – and this in itself is a major step forward in the system of fundamental rights protection in the European Union.
ISSN:2366-7044