There are several questions about THE respect of human rights by the FRONTEX agency. First, the possibility of coordinating joint chartered aircraft to organise the repatriation of illegal immigrants falls under the fourth PROTOCOL of the ECHR, which stipulates that collective expulsion of foreigners is prohibited (Article 4). Although some operations have saved lives (an Icelandic ship rescued 93 migrants near Crete in 2011), FRONTEX`s operations are mainly aimed at preventing illegal immigrants from entering the Schengen area by preventing them from leaving their country. Immigrants are therefore all considered illegal, regardless of their potential status as refugees or asylum seekers. Frontex can reject all trades before they arrive in Europe, so EU legal guarantees do not apply. However, Article 33 of the 1951 Convention on the Status of Refugees prohibits States Parties from deporting or deporting a refugee in any way to the borders of areas where his life or liberty would be threatened because of his race, religion, nationality, membership in a particular social group or political opinion. The principle of non-refoulement is also part of customary law and therefore applies to the entire international community. In addition, operations in third-country territorial waters are a violation of ICCPR Article 12.2, which allows any country, including its own, to leave freely. In 2011, the European Parliament received the appointment of a Fundamental Rights Ombudsman and the creation of an advisory forum on fundamental rights. An operation contrary to human rights may be suspended.
However, these institutions are part of the FRONTEX agency and are therefore not fully independent. The Schengen area currently consists of 26 European countries, with a total population of more than 400 million people and an area of 4,312,099 km2 – from Estonia, Latvia and Finland on the border with Russia in the east to the Portuguese coast in the west. The Arab Spring, which began in December 2010, gave new impetus to the Schengen reform project. Thousands of Mediterranean migrants eager to come more on a European scale have landed on the Italian island of Lampedusa. Most of them were Tunisians and wanted to go to France, and Rome was not ready to let them stay in Italy. The Italian authorities granted them six months` residence permit allowing them to relocate throughout the Schengen area. On 17 April 2011, the French authorities blocked every train from the Italian city of Ventimiglia to France, causing tensions between Rome and Paris. Berlusconi and Sarkozy finally agreed and sent a letter to the European Commission on 26 April calling for a reform of the conditions for the reintroduction of border controls. Not only are EU nationals visa-free, but they also have the right to enter and stay without a visa within the limits of the other.
However, this freedom of movement may, in rare cases, be restricted, as stipulated in the EU treaties. The United Kingdom and Ireland participated in certain aspects of the Schengen Agreement from 2000 and 2002, such as the Schengen Information System (SIS). Several Schengen countries – Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria – signed an agreement with the “Schengen III” in May 2005. The agreement would establish closer cooperation between countries in the prevention and fight against terrorism and crime.