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Brussels (APA) – The EU Agency for Fundamental Rights (FRA) warns in a paper published on Thursday that the return centers (“return hubs”) planned by the EU in third countries must respect the fundamental rights of migrants. It calls for legally binding agreements to protect their rights and the establishment of independent monitoring systems. EU Migration Commissioner Magnus Brunner wants to present a proposal for new EU legislation on returns in mid-March.
“While the EU and the member states try to find solutions to manage migration, they should not forget their obligations to protect the lives and rights of people. The planned return centers must not become lawless zones. They would only be compatible with EU law if they contain robust and efficient fundamental rights guarantees,” FRA Director Sirpa Rautio explained in a statement.
EU Commission wants to make return process more efficient and faster
EU Commission President Ursula von der Leyen had already given Brunner the priority task in his mission letter in September to develop a “new, community-based approach to the return of irregular migrants” for the implementation of the asylum pact. The proposal for a revised regulation is expected on March 11. The Commission’s aim is to make the return process more efficient and faster and to provide “clear obligations for cooperation for returned persons”.
Italy is the first state of the European Union to want to accommodate refugees in Albania in camps outside the EU. Their applications are to be reviewed by Italian officials in a fast-track procedure: those entitled to asylum are allowed to continue to Italy; those rejected must return. However, the Italian government has so far failed in its attempt to enforce the “Albania model” as the Court of Appeals in Rome has referred the case to the European Court of Justice (ECJ). The ECJ’s landmark ruling on the Italian authorities’ actions is still expected in February. Nevertheless, several EU states have already expressed openness to European return centers; former Chancellor Karl Nehammer (ÖVP) also spoke in favor of it at the last EU summit.
Prerequisite is “lawful and enforceable decision”
The FRA’s position paper outlines several conditions for the return centers to respect fundamental rights and be compatible with EU law. Thus, existing EU regulations on returns must be observed. EU law prohibits, for example, the arbitrary detention or transfer of people who would be exposed to serious threats. Children should never be brought to return centers, emphasizes the FRA.
A “lawful and enforceable decision” denying entry or requiring the person to leave the EU is the prerequisite for their accommodation in the “return hub”. To comply with international and EU law, minimum standards for the conditions and treatment of non-EU nationals must be observed. To reduce the risk of fundamental rights violations, the new regulation should also include provisions for effective and independent monitoring mechanisms.
A group co-initiated by Austria had already called for the implementation of new approaches such as return centers or asylum procedures in third countries in a letter to the EU Commission in May of the previous year, the Ministry of the Interior recently informed APA. Poland has declared the examination of “new innovative solutions” as one of the priorities of its presidency, which began on January 1. In addition, work on more effective deportations is also on the agenda of the Polish EU Presidency. (07.02.2025)