• Home /
• Observatories /
• Frontex /
• Frontex under scrutiny: inquiries and investigations November 2020 onwards /
• European Ombudsman III

European Ombudsman III

Topic

Purpose: Investigation on Frontex failure to maintain a public register of documents and other issues related to public access to documents.

By Ilaria Aversa and Mariana Gkliati - 6 March 2021

Investigative body: European Ombudsman

Started: March 2020

Status: Ended February 2021

Final report: O’Reilly (2021) Decision in case 2273/2019/MIG on the European Border and Coast Guard Agency’s (Frontex) public register of documents. 

Main conclusions:

• The most problematic issue is the access to documents for non-EU residents. However, the Ombudsman accepts Frontex’s response on the lack of a legal obligation to provide such documents.
• Frontex needs to share data on how many access to documents requests they receive by third-country nationals.
• The response of the agency that they only receive few requests from non-EU residents needs further investigation on its validity. In its response, Frontex did not offer a specified number of requests, which have been accepted versus those which have been rejected. This also needs further investigation, according to the Ombudsman.

Relevant documents:

All documentation relating to this complaint made by Statewatch is available in the Observatory under legal and administrative complaints.

European Ombudsman, The European Border and Coast Guard Agency’s failure to maintain a public register of documents and other issues related to public access to documents

Proposal of the European Ombudsman for a solution in case 2273/2019/MIG on the European Border and Coast Guard Agency's (Frontex) public register of documents