Manual de drept european în materie de azil, frontiere și imigrație

Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.

Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on: Initial-reception facilities at external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.

Individuals who are not entitled to stay in the European Union are typically subject to being returned to their home countries. This includes children who are not accompanied by their parents or by another primary caregiver. But returning such children, or finding another durable solution, is a delicate matter, and doing so in full compliance with fundamental rights protections can be difficult. This focus paper therefore aims to help national authorities involved in return-related tasks, including child-protection services, to ensure full rights compliance.

Together with two FRA sister reports on the
EU’s air and southern sea borders, this report’s findings serve to inform EU and Member State practitioners and
policy makers of fundamental rights challenges that can emerge at land borders. Increased awareness should
also help to create a shared understanding among border guards of what fundamental obligations mean for
their daily work, ultimately enhancing fundamental rights compliance at the EU’s external borders.

The report examines the procedures for and conduct of checks that border guards carry out on third-country national passengers entering European Union (EU) territory at five international airports.

This summary, and the related full report, look at how fundamental rights obligations
translate into practical border management tasks.
The report points out challenges as well as promising practices of integrating fundamental
rights compliance into operational tasks that do not compromise but instead enhance the
effectiveness of border checks.

This paper examines the sanctions applied to counteract irregular migration, building on previous work by the European Union Agency for Fundamental Rights (FRA) on the rights of migrants in an irregular situation.

This FRA report examines the conditions at Europe’s southern sea borders with respect to the most fundamental rights of a person, the right to life and the right not to be sent back to torture, persecution or inhuman treatment. It looks at sea border surveillance and disembarkation procedures, as well as training and Frontex-coordinated operations. It examines practices across the EU Member States researched – Cyprus, Greece, Italy, Malta and Spain.