FRA notes progress and challenges in forced return monitoring in 2023

The updated overview highlights notable progress in some areas. But it also highlights persistent challenges that affect the transparency and effectiveness of monitoring operations.

The overview shows that only one EU Member State, Croatia, did not monitor its national forced return operations in 2023 – a marked improvement from 2022, when six countries did not have monitoring of return operations in place.

It also points to persisting challenges to the monitoring operations’ effectiveness related to:

• Independence: To be effective, monitors must be sufficiently independent from the authority in charge of returns. This is not the case in some EU countries.
• Transparency: While most Member States now publish summaries of their findings, several EU countries have not issued recent public reports on the findings of their forced return monitoring activities.
• Operational limitations: Insufficient human and financial resources available to national monitors are a key obstacle to the effective monitoring of forced return operations.
• Effectiveness: In 2023, the number of monitored charter flights fell to 200 compared to some 230 in 2022. In addition, some countries monitor very few operations or do not cover all steps in the process. In some countries, monitoring is temporary or depends on project funding and is interrupted when the funding dries up.

The overview for 2023 also presents some key findings from national monitors. One notable concern is the inappropriate use of coercive measures in many cases. Such measures should be based on individual risk assessments and not be an arbitrary preventive measure.

Issued since 2014, FRA’s annual forced return monitoring overview looks at the developments in the EU Member States. It covers issues such as staffing, training, reporting and the monitoring of return operations. It provides guidance for national authorities that are responsible for monitoring forced returns.

The overview does not cover monitoring by the European Border and Coast Guard Agency (Frontex) pool of forced return monitors. For the latest overview of their activities, see the Frontex Fundamental Rights Officer’s annual report for 2023.