Cover in various shades of blue of FRA's position paper on countering instrumentalisation of migrants and refugees and respecting fundamental right
23
July
2025

Countering the instrumentalisation of migrants and refugees and respecting fundamental rights

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.

The European Union Agency for Fundamental Rights,

Bearing in mind the Treaty on European Union (TEU), in particular Article 6 thereof,

Recalling the obligations set out in the Charter of Fundamental Rights of the European Union (the Charter),

Recalling Council Regulation (EC) No 168/2007 of 15 February 2007, as amended by Council Regulation (EU) 2022/555 of 5 April 2022, establishing a European Union Agency for Fundamental Rights (FRA),

Recalling Article 2 of Council Regulation (EC) No 168/2007 (as amended) which entrusts FRA with the objective ‘to provide the relevant Union institutions, bodies, offices and agencies and the EU Member States when implementing Union law with assistance and expertise relating to fundamental rights in order to support them when they take measures or formulate courses of action within their respective spheres of competence to fully respect fundamental rights’,

Having regard to Article 4(1)(d) of Council Regulation (EC) No 168/2007 (as amended), which tasks FRA to ‘formulate and publish conclusions and opinions on specific thematic topics, for the Union institutions and the Member States when implementing Union law, either on its own initiative or at the request of the European Parliament, the Council or the Commission’,

Having regard to FRA periodic migration bulletins published between 2015 and 2023, which describe fundamental rights challenges at the EU’s external borders,

Considering Regulation (EU) 2024/1359 which sets out special rules in addressing situations of crisis and force majeure in the field of migration and asylum, which apply also in a situation of instrumentalisation of migrants, and Article 5 of the Schengen Borders Code, as amended by Regulation (EU) 2024/710, which envisages measures that Member States may take in situations of instrumentalisation of migrants,

Considering the communication from the European Commission of 11 December 2024, COM(2024) 570 final, on countering hybrid threats from the weaponisation of migration and strengthening security at the EU’s external borders,

Noting that the white paper for European Defence Readiness 2030 of 19 March 2025, JOIN(2025) 120 final, covers border protection, and

Noting that the communication from the European Commission of 1 April 2025, COM(2025) 148 final, on the European internal security strategy announces further work to counter the weaponisation of migration,

Submits the following own initiative opinion which sets out FRA’s position on the fundamental rights compatible responses to instrumentalisation of migrants and refugees: