Following a gathering of Council of Europe states on International Human Rights Day, 27 countries called for “migration reform,” criticizing the European Convention on Human Rights and the European Court of Human Rights for upholding the rights of migrants and asylum seekers. This rhetoric coincides with the European Union’s recent wave of restrictive and harsh migration measures.
Earlier this week, EU home affairs ministers approved the European Commission’s proposals to offshore migration responsibilities, raising serious human rights concerns. Central to these discussions was the “Return Regulation,” designed to increase deportations of rejected asylum seekers and migrants. The proposals allow EU member states to establish “return hubs” in third countries to hold individuals scheduled for deportation, but provide no clarity on applicable law or accountability. The draft also seeks to remove existing monitoring provisions and broadens detention grounds, heightening the risk of prolonged or indefinite detention despite lacking evidence of effectiveness or cost-efficiency.
EU law enforcement authorities would impose strict obligations on third-country nationals subject to deportation, requiring compliance with rules many cannot meet due to lack of identity documents or fixed residence. Failure to comply could result in entry bans, financial penalties, or criminal sanctions. New detection measures further raise concerns about surveillance, racial profiling, and discriminatory policing targeting racialized communities. Civil society organizations have condemned these measures as inhumane and called on governments to reject the proposed deportation rules.
Additional policies agreed this week permit EU states to transfer asylum seekers to third countries deemed “safe,” even without meaningful connections to those countries. Officials also endorsed a list of “safe countries of origin,” whose nationals will face fast-track asylum procedures, often at border or transit zones, putting individuals at risk of persecution at further disadvantage.
Respect for human rights and the rule of law is central to EU treaties, and return policies that undermine fundamental rights are not only unlawful but contradict the EU’s stated values, posing serious costs to both migrants and the integrity of European legal standards.
