Cover of FRA handbook on asylum 2026
9
June
2026

Handbook on European law relating to asylum, borders and immigration - Edition 2026

The European Convention on Human Rights and European Union law provide an increasingly
important framework for the protection of the rights of foreigners. EU legislation relating
to asylum, borders and immigration is developing fast. There is an impressive body of case
law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13
of the European Convention on Human Rights. The Court of Justice of the European Union is
asked more and more frequently to pronounce on the interpretation of EU law provisions
in this field. The fourth edition of this handbook, updated to June 2026, presents this EU
legislation and the body of case law by the two European courts in an accessible way. A new chapter in the handbook focuses on monitoring compliance with fundamental rights and investigations into rights violations. It is intended for legal practitioners, judges, prosecutors, immigration officials and non-governmental organisations in the EU and Council of Europe Member States.
Overview

This handbook provides an overview of the law applicable to asylum, border management and immigration in relation to European Union (EU) law and the European Convention on Human Rights (ECHR). It looks at the situation of those foreigners to whom the EU usually refers as third-country nationals, although that distinction is not relevant to cited ECHR law. 

The handbook does not cover the rights of EU citizens or those of citizens of Iceland, Liechtenstein, Norway and Switzerland who, under EU law, can enter the territory of the EU freely and move freely within it. Reference to such categories of citizens will be made only where necessary in order to understand the situation of family members who are third-country nationals.

This handbook is designed to assist legal practitioners who are not specialised in the field of asylum, borders and immigration law; it is intended for lawyers, judges, prosecutors, border guards, immigration officials and others working with national authorities, and for non-governmental organisations (NGOs) and other bodies that may be confronted with legal questions relating to these subjects. It is a first point of reference on both EU and ECHR law related to these subject areas and explains how each issue is regulated under EU law and under the ECHR, the European Social Charter (ESC) and other instruments of the Council of Europe (CoE). Each chapter first presents a single table of the applicable legal provisions under the two separate European legal systems. Then the relevant laws of these two European orders are presented one after the other as they may apply to each topic. This allows the reader to see where the two legal systems converge and where they differ.