Scope of the principle of non-refoulement in contemporary border management: evolving areas of law

This position paper examines how the EU can counter the instrumentalisation of migrants while also upholding fundamental rights. Instrumentalisation refers to countries outside the EU using migration to exert political pressure. This position paper defines the phenomenon, provides examples, and outlines legal obligations under EU law. It provides legal analysis and warns that some responses risk undermining fundamental rights at the EU’s external borders, including the right to asylum. To counter instrumentalisation and uphold fundamental rights, the position paper proposes practical measures for Member States to take, such as sanctions, border controls, and cooperation with private operators.

This FRA Position Paper outlines the Agency’s position on the creation of 'return hubs' in non-EU countries for migrants who have been ordered to leave the EU. Considering the serious fundamental rights risks connected with running return hubs, this legal analysis presents the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. These include setting up agreements with the host countries and creating independent human rights monitoring mechanisms. The position paper does not examine centres in third countries that process asylum applications.

Following yet another recent tragic shipwreck and loss of life in the Mediterranean, this short report sets out examples of actions the EU could take to meet its obligations to protect the right to life and prevent more deaths at sea. As part of the work that the EU Agency for Fundamental Rights (FRA) does on upholding fundamental rights in asylum and return procedures, this report calls for better protection for shipwreck survivors, and prompt and independent investigations. It sets out measures that EU Member States should take to improve search and rescue efforts and provide legal pathways to safety to prevent deaths at sea.

This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).

This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform
the European Parliament’s position on the legislative proposal on the European Border and
Coast Guard (EBCG) presented by the European Commission on 12 September 2018.