14
October
2022

Establishing national independent mechanisms to monitor fundamental rights compliance at EU external borders

Fundamental rights monitoring at EU external borders should be systematically and regularly carried out for a range of border management activities. These include border surveillance, apprehensions at land, sea and air borders, and the operation of referral mechanisms, including in the event of mass arrivals. This general guidance provides assistance to EU Member States in setting up national independent mechanisms to monitor fundamental rights compliance at EU external borders, in line with the proposed screening regulation of 23 September 2020 by the European Commission. The EU Agency for Fundamental Rights prepared this guidance at the request of the Commission.
Overview

Fundamental rights monitoring at EU external borders should look at, for example, whether:

  • people at the border are being treated with dignity;
  • particular attention is being paid to vulnerable people;
  • living conditions in initial reception facilities and immigration detention centres are adequate;
  • people have access to effective judicial remedies.

It should also look at the fundamental rights implications of implementing contingency plans in the event of a large number of arrivals at the border.

The European Commission proposed a screening regulation on 23 September 2020. This proposal includes an obligation for Member States to establish an independent monitoring mechanism. On 25 May 2021, the Commission asked the European Union Agency for Fundamental Rights (FRA) to prepare general guidance in the light of Article 7 (2) of the proposed screening regulation. That article refers to assistance that FRA should provide to Member States with setting up such national monitoring systems.