EU agency warns of risks to fundamental rights at borders — Politico Europe

The EU Agency for Fundamental Rights has warned of serious risks to fundamental rights at the European Union’s external borders following the migration crisis in Ceuta, Spain. As Politico reports, the agency stressed in its report that any emergency measures in migration must comply with EU and international law.

Crisis in Ceuta

At the end of July, more than 70,000 migrants crossed the border from Morocco into Ceuta within 48 hours. The agency said that the sudden arrival of thousands of people tested the balance between protecting fundamental rights and safeguarding the EU’s external borders.

European Commission President Ursula von der Leyen pledged to establish a European emergency response mechanism. According to her, it should provide for time-limited and clearly defined flexibility in applying standard procedures. Last week, she said that the European Commission would present a proposal by the end of the year.

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Right to asylum

Greece called for the temporary suspension of the acceptance of asylum applications in emergency situations. Such an approach may lead to the practice of returning people without examining their applications, which is prohibited under international law. Some countries supported the idea, while others raised the question of whether such decisions should be adopted at the EU level rather than by individual states.

The agency recalled that EU and international law guarantee the right to seek asylum and the principle of non-refoulement, which it described as the foundation of refugee protection. The report also mentioned problems with introducing rights-monitoring mechanisms as part of migration reforms, restrictions on search-and-rescue organizations, and investigations into violations at the borders.

According to the agency, 12 EU countries opened 322 preliminary criminal investigations in 2020–2025, but only nine of them resulted in convictions. Gaps in such investigations, the agency assessed, create a sense of impunity and may undermine the rule of law.