Zintegrowane zarządzanie granicami 2.0. Wpływ zasady dzielonej odpowiedzialności na pozycję krajowych i unijnych organów wykonawczych
Integrated Border Management 2.0. Impact of the Principle of Shared Responsibility on the Position of National and EU Executive Bodies

Summary/Abstract: The article addresses the Integrated Border Management System of the European Union in the context of the regulation on the European Border and Coast Guard (adopted in September 2016). The reason for the analysis is the wide impact of the adopted changes on executive powers in the Area of Freedom, Security and Justice. Firstly, the regulation establishes European Border and Coast Guard. It does not materialize the European Commission’s plans to set up a European Border Guard, which would be “a full-fledged multinational force” but constitutes the next step towards achieving this goal. Secondly, it extends Frontex’s competences and strengthens its mandate. This causes that the EU agency holds co-responsibility for the control and protection of the EU’s external borders. Thirdly, it sets the procedure of “qualified cooperation,” which strongly introduces a Member State to cooperation with Frontex in the event of an emergency situation at the borders. Refusal of the cooperation leads to the reintroduction of controls at internal borders. These changes are based on the principle of shared responsibility, which was introduced by the regulation. The principle affects how the executive powers at the external borders are exercised. It replaces the exclusive responsibility of the authorities of the Member States for the control and protection of the EU’s external borders and extends cooperation between the national and the EU authorities. For the moment, the leading position remains with national authorities. Due to the specific nature of the IBM, which enters the sovereignty of the Member States, special care to ensure compliance with treaties of new solutions is required. In particular, derogation clauses should be taken into account. In general, the regulation on the European Border and Coast Guard in the present shape does not violate treaty provisions.

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