Monitoring compliance with fundamental rights in the context of state activities carried out at or in proximity of borders is a key fundamental rights protection tool.
An effective and independent fundamental rights monitoring system is preventative, as it reduces the risk of fundamental rights violations. It also enhances the protection of victims of fundamental rights violations, by strengthening the application of fundamental rights safeguards already in place and providing expert advice when needed. It also supports domestic investigations of allegations against public authorities by providing objective, evidence-based and unbiased analysis and reporting. This improves transparency and accountability, and thus enhances trust in public authorities.
Article 10 of the Screening Regulation (Regulation (EU) 2024/1356) and Article 43(4) of the Asylum Procedure Regulation (Regulation (EU) 2024/1348) require Member States to provide for an independent mechanism to monitor compliance with fundamental rights during the screening of new arrivals and when assessing asylum claims at external borders. They will enter into force in mid-2026 and their key provisions are shown in a box on the next pages. The European Union Agency for Fundamental Rights (FRA) prepared this guidance as required by Article 10(2) of the Screening Regulation.
