The Cooperation Between Frontex and Third Countries in Information Sharing: Practices, Law and Challenges in Externalizing Border Control Functions

The aim of this article is to investigate whether the cooperation of Frontex with third countries in information sharing is in compliance with EU’s constitutional normative rules and values. Since more than a decade, border control and surveillance have been developed as policies instrumental to migration control. The shift towards risk management in many areas of public governance has implied that EU’s action at the external borders is built upon a combination of policies of securitization of migration and externalization of border management. Against this theoretical background, the article focuses on the external competences or powers of Frontex, mapping in particular practices of information sharing with third country authorities, which are functional to risk analysis, one of the core tasks of Frontex. It analyses working arrangements, intelligence sharing communities and cooperation taking place within the context of technical assistance. The article further discusses the legal challenges these types of cooperation brings to the EU, as a governance system based on the rule of law. These are indicated in transparency and accountability, respect for fundamental rights and privacy challenges.