Enhancing Access to Justice in European Shared Administration Through the Principles of Good Administration

This article offers a synoptical analysis of the challenges to access to justice in European shared administration posed by the expanding mandates of the most operational and fundamental rights-sensitive agencies. These specifically include the European Union Border and Coast Guard Agency (Frontex), the European Union Agency for Asylum (EUAA), and the European Union Agency for Law Enforcement Cooperation (Europol). Created to support the Member States in managing migration, asylum and internal security, these agencies have witnessed a significant expansion of their operational powers and mandates over the years. However, these expanded powers have not been adequately counterbalanced by fundamental rights safeguards. Nor can the current system of legal remedies under EU law guarantee effective access to justice. This article identifies three key obstacles, common to the three agencies, that undermine effective access to justice: lack of transparency, inadequate remedies, and ineffective oversight. Individuals often struggle to secure redress due to secretive agency practices, limited transparency, and inadequate accountability mechanisms. To address these obstacles, this article proposes several pathways to strengthen access to justice by upholding principles of good administration and governance, such as transparency, due process and accountability. Proposed reforms include enhancing transparency, improving complaints mechanisms, and strengthening oversight, all to ensure that the operational expansion of EU agencies does not infringe upon the fundamental rights and values that form part of the EU’s constitutional fabric.