Comment on shortcomings in Frontex’s practice on public access to documents

In recent years, the European Border and Coast Guard Agency, better known as Frontex, has become increasingly prominent. Whether expressed in terms of budget, legal remit and competencies, or scope of activities, the agency has made a quantum leap over a short period. Today, Frontex represents a relevant example of how the European executive exercises power that directly and significantly affects the lives of individuals, particularly asylum seekers and migrants seeking to enter Union territory. This note will address Frontex’s implementation of the EU right of public access to documents, a central pillar of EU bodies’ transparency obligations. It will set out: (a) the legal regime for access to documents, (b) Frontex’s obligations to proactively facilitate access to documents, (c) Frontex’s practices in dealing with requests for access to documents and (d) address the question of access to justice concerning public access to documents decisions.