Research blog (E-prints, Working papers and Research blog)
(Don’t) trust the Process: procedural Rules for Appeal, Obligations and Shared Responsibility between EU Agencies and Member States. Three Questions raised in the Hearing WS et al v. Frontex (C-679/23 P)
[en] On 4th February 2025, the Grand Chamber heard the appeal in the case WS and Others v. Frontex (C-679/23 P) against the General Court’s dismissal of Syrian migrants’ damages claim against Frontex (T-600/21).
This case allows the Court to rule on legal remedies against unlawful actions by an EU agency, particularly in joint operations and shared responsibilities between Frontex and Member States, notably concerning the principle of non-refoulement.
The hearing and the debate offered a glimpse into what the judges considered to be the most pressing decisive issues: the line between factual and legal elements of a return decision in the framework of a limited review on appeal; the extent of Frontex’s obligations in the context of sincere cooperation and shared responsibilities; and the causal link in damage actions.
Disciplines :
European & international law
Author, co-author :
BRUNO, Walter ; University of Luxembourg > Luxembourg Centre for European Law (LCEL) > LCEL Research
Language :
English
Title :
(Don’t) trust the Process: procedural Rules for Appeal, Obligations and Shared Responsibility between EU Agencies and Member States. Three Questions raised in the Hearing WS et al v. Frontex (C-679/23 P)