Cite as

Kingdom of Spain

Represented by Aloma Serra


Topic A: European Border and Coast Guard

As a result of the refugee crisis we are immerged in, the number of illegal immigrants entering Europe tripled in 2015 and the Europeans suffered from this in the terrorist attacks the same year in Paris.

The root cause of this failure has its start in 1995 when a free area of people’s circulation among some European countries was established. It removed internal border control, however, it did not secure external borders. This created gaps for illegal immigrants to enter and freely circulate through the area. It wasn’t until 2004 that Frontex (the agency in charge of the border control: European Agency for the Management of Operational Cooperation at the External Borders) was created. However, the agency proved to be inefficient, as mentioned before, when the refugee crisis started and it failed to secure Schengen’s borders.

For this reason, in December 2015, the European commission saw the need to improve the security of the borders of the union. Consequently, it introduced a proposal that rebranded Frontex (now, European Border and Coast Guard Agency) and broadened its competences. The highlights of the proposal were the establishment of a monitoring and risk analysis, the right to intervene (through rapid border operations), a stronger role in return (with the creation of the return office) and the systematic checks at external borders. The legal backgrounds were article 77 (paragraphs 2b and 2d) and 79 (paragraphs 2c) of the of the Treaty on the Functioning of the European Union. According to article 77, the EU can legislate on a "gradual introduction of an integrated...