The dissertation accomplishes a theoretical generalization and proposes a solution to the scientific task, which involved establishing the peculiarities of the international legal status of the European Border and Coast Guard Agency (hereinafter – FRONTEX), its role in the implementation of the European Integrated Border Management, and the realization of the goals and objectives of the European Union, disclosing the specifics of its participation in international relations, including cooperation with Ukraine.
As a result of the conducted research, a set of conclusions and recommendations has been developed, characterized by scientific novelty. In
particular, a periodization of the stages of formation and development of FRONTEX is proposed for the first time: I stage (1951-1999) – intergovernmental cooperation in the field of external border protection beyond the framework of European Communities and the EU; II stage (1999-2004) – transition from intergovernmental to supranational regulation in the field of control over EU external borders and institutionalization of the Schengen area; III stage (2004-2016) – creation of a specialized EU agency entrusted with coordination, operational, and information- technical responsibilities in the field of external border management; IV stage (2016
– present) – implementation of a new decentralized model in EU external border management, with the European Border and Coast Guard Agency taking a central role. The author concludes that over almost two decades of the Agency's functioning, a significant evolution of its mandate and improvement of resource support have taken place, transforming it into a key institution in the organizational-legal structure responsible for effective management of the Union's external borders, a crucial component of the functioning mechanism of the area of freedom, security, and justice.
It has been established that the main task of FRONTEX is to ensure the implementation of the European Integrated Border Management. The key components of this concept are outlined in Article 3 of the Regulation 2019/1896. A comprehensive analysis of legal doctrine and the application of the components of the European Integrated Border Management allowed formulating its definition. According to this definition, the concept constitutes a system of interconnected and coordinated measures implemented by EU institutions, bodies, agencies, and competent national authorities to ensure effective management of external borders and achieve a high level of internal security within the EU.
The functions and powers of FRONTEX corresponding to the main components of the European Integrated Border Management have been systematized. Systemic interpretation of the provisions of the Regulation 2019/1896 identified six main functions of the Agency: 1) the strategic planning function, involving the development of relevant documents to ensure the implementation of
the European Integrated Border Management strategy; 2) the monitoring function carried out through risk analysis and vulnerability assessment; 3) the coordination function, which involves leading and providing operational support to Member States during joint operations, rapid border interventions, or return operations to ensure the proper functioning of the Schengen area; 4) the function of providing material and technical support, involving providing Member States with technical equipment or financial support for operational activities; 5) the humanitarian function related to initiating and participating in search and rescue operations at sea;
6) the coast guard function, involving tasks related to monitoring and controlling external maritime borders, associated with coordination, material-technical, or humanitarian objectives.
It has been established that the powers of FRONTEX largely correspond to its main functions. Consequently, four groups of powers have been identified, the implementation of which contributes to the achievement of the Agency's objectives. The first group of powers relates to the adoption by the Agency of a series of documents aimed at forming an action plan and implementing measures that will allow the effective application of EU instruments for managing migration and external borders. The second group consists of monitoring powers, which involve timely identification of risks that may hinder the proper functioning of the Schengen area. The third group of powers is operational, which is most widely disclosed in the agency's activities, as it is aimed at performing tasks related to information exchange, training and capacity building in border management, conducting research and innovation activities, and organizing and coordinating joint operational activities. The final group of powers is represented by implementation powers, which involve the rapid implementation of measures for border management in case of situations on external borders requiring urgent action.
