31
October
2023

The European Border and Coast Guard and fundamental rights

Fundamental rights are an important consideration in European border management. Virtually all activities can have an impact on rights – from risk analysis to training, border checks and border surveillance. Safeguards in laws regulating European border management aim to protect rights. This report is a contribution to the first review of the European Border and Coast Guard Regulation (EU) 2019/1896 that offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.


Conclusions

In this contribution, FRA highlights six priority areas relating to fundamental rights which may require legislative adjustments to enable the European Union and its Member States to fully live up to the obligations stemming from the Charter of Fundamental Rights of the EU.

FRA has repeatedly pointed out in reports in recent years that core fundamental rights protected by the Charter are at risk at the EU’s external borders. These rights include the right to life, and the prohibition of torture, inhuman or degrading treatment, and the prohibition of refoulement. These are absolute rights which, under Article 15 of the ECHR, cannot be derogated from, even in times of emergency.

FRA notes the increased attention from the EU to uphold fundamental rights at borders, reflected, for example, in policy discussions on introducing independent national border monitoring mechanisms and in the increased attention on ensuring prompt and effective official investigations into alleged rights violations. The evaluation and review of the EBCG Regulation offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.