Time to ring the Bell: Luxembourg’s Light on Pushbacks, Strasbourg’s Shadow on Pullbacks

On Frontex’s Operational Powers, Allocation of Responsibility for Fundamental Rights Violations and Fragmented Justice By Prof. Jean-Yves Carlier and Dr. Eleonora Frasca, Université catholique de Louvain (UCLouvain), members of Equipe droits et migrations (EDEM) This is a revised version of extracts from the yearly case law column “Droit européen des migrations”, published in French in the Journal de droit européen, no. 3, March 2026. Photo credit: Luxofluxo, via Wikimedia commons 1. The Fragmented Architecture of Accountability in EU Migration Control The judgments of the Court of Justice of the European Union (CJEU) in Hamoudi v. Frontex (C-136/24 P) and WS and Others v. Frontex (C-679/23 P), together with the decision of inadmissibility in S.S. and Others v. Italy by the European Court of Human Rights (ECtHR), can be read as addressing a common structural problem from two different judicial perspectives: how responsibility for fundamental rights violations is allocated in a system…