Asylum, migration & borders

The rights of third-country nationals entering or staying in the EU are often not respected. This is sometimes because of insufficient implementation of legislation, poor knowledge of fundamental rights, or inadequately trained civil servants, and sometimes simply due to discrimination and xenophobia.

Some 20.5 million non-EU nationals were living in the EU in 2011, which represents about 4 percent of the entire population. To compare with this figure, 250,000 to 300,000 people on average apply for asylum in the EU each year. FRA collects data and information on the implementation of these people’s rights, identifying existing gaps as well as promising practices in the Member States. It then proposes ways of addressing shortfalls on the one hand, and making wider use of good practices on the other. Until now, the agency’s work has focused on fundamental rights at borders, the rights of migrants in an irregular situation, and asylum. In 2013, FRA began research on severe forms of labour exploitation, which is often closely connected to the violation of migrants’ and asylum seekers’ rights.

The EU has a set of rules and policies that cover visa, borders and asylum, counteract irregular migration and, to a lesser extent, concern the admission and integration of migrants. In addition, most rights enshrined in the EU’s Charter of Fundamental Rights apply to everyone, regardless of their migration status. The Charter contains the right to asylum, and prohibits collective expulsion and the removal of individuals if there is a risk to their life or of other serious harm.

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The European Ombudsman’s visit to FRA

Emily O’Reilly, the European Ombudsman’s first visit to FRA on 1 December proved to be a welcome opportunity to exchange information and views on a wide range of topics.

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Guardianship systems for children deprived of parental care in the European Union

This report explores the key features of guardianship systems put in place to cater for the needs of all children in need of protection, including child victims and those at risk of becoming victims of trafficking in human beings or of other forms of exploitation. The research covers four specific areas, namely the type of guardianship systems in place, the profile of appointed guardians, the appointment procedures, and the tasks of the guardians.

Alternatives to detention for asylum seekers and people in return procedures

For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.