National monitoring mechanisms under the EU Pact on Migration and Asylum: Guidance for EU Member States

All people entering the EU should be treated with dignity and have their fundamental rights respected.

Under the new asylum and migration rules, EU countries need to set up adequate mechanisms to monitor fundamental rights compliance when screening new arrivals and assessing asylum claims at the EU’s external borders.

These rules require FRA to provide general guidance for EU countries on how best to do this. In its latest guide on national independent mechanisms, FRA drew up the following nine key considerations:

1. Independence – be autonomous and not be affiliated with any authority responsible for asylum, border and migration management.
2. Scope – monitor all activities and the treatment of non-EU nationals during screening and the assessment of asylum claims at the EU’s external borders.
3. Powers – be able to carry out checks, whenever and wherever, without restrictions.
4. Investigations – record allegations of rights violations and handle complaints.
5. Staffing – have enough skilled personnel to effectively carry out their work.
6. Finances – have sufficient funding to effectively carry out their duties.
7. Accountability – publicly report on the breadth of their work, and provide key findings and recommendations.
8. Synergies – work alongside existing rights monitoring mechanisms.
9. Cooperation – cooperate with other migration and data protection bodies.

The guidance also outlines existing fundamental and human rights frameworks covering screening and the asylum border procedures. In addition, it refers to related FRA and other relevant EU agencies’ border management guidance.

Effective and independent fundamental rights monitoring reduces the risk of fundamental rights violations and protects victims of rights violations. It also supports investigations of alleged violations, improves transparency and accountability, and trust in public authorities.

This is FRA’s second fundamental rights guidance supporting the pact’s implementation. The first covered investigations of alleged ill-treatment at borders.