All 27 European Union (EU) Member States except Ireland are bound by Article 8 (6) of the EU’s Return Directive (2008/115/EC) to set up effective forced return monitoring mechanisms.
The 26 EU countries bound by the Return Directive have all adopted a legal basis for national forced return monitoring systems. In addition, National Preventive Mechanisms established under the 2002 Optional Protocol to the United Nations (UN) Convention Against Torture have a mandate, under international law, to monitor all places where individuals are deprived of their liberty, which includes forced returns.
In practice, in 2022 FRA noted that in six EU Member States – Bulgaria, Spain, Croatia, Hungary, Latvia and Poland – no national forced return operation was monitored. In Croatia, the Croatian Law Centre – a civil society organisation – monitored forced returns until April 2021, when an EU-funded project came to an end.
Table 1 lists the forced return monitoring bodies in the EU Member States, flagging key concerns selected by FRA and identified based on available information. More information is available in the annex.
Table 1 – Forced return monitoring bodies, 27 EU Member States
EU Member State
Body responsible for monitoring
✔ = corresponds to the National Preventive Mechanism established under the Optional Protocol to the UN Convention Against Torture
Key concerns for 2022
AT
Federal Agency for Reception and Support Services
No public reporting
BE
General Inspectorate of the Federal Police and the Local Police
BG
Ombudsmanof the Republic of Bulgaria
✔
No monitoring in 2022
CY
Office of the Commissioner for Administration and the Protection of Human Rights (Ombudsman)
Only pre-return phase monitored
CZ
PublicDefender of Rights (Ombudsman)
DE
Federal Office for Migration and Refugees
Fora at various airports
National Agency for the Prevention of Torture
Fragmented system
Issues of independence: Federal Office monitors are not institutionally separate from the body responsible for returns
DK
Parliamentary Ombudsman
EE
Estonian Red Cross
EL
Greek Ombudsman
ES
Ombudsman
FI
Non-Discrimination Ombudsman
FR
General Inspector of All Places of Deprivation of Liberty
HR
None
HU
Prosecution Service of Hungary
IE
No monitoring system in law
IT
National Guarantor for the Rights of Persons Deprived of Liberty
LT
Diversity Development Group (NGO)
LU
Luxembourg Red Cross
No public report
LV
Ombudsman’s Office
MT
Monitoring Board for Detained Persons
NL
Inspectorate of Justice and Security
PL
Various NGOs, e.g. Helsinki Foundation for Human Rights, Rule of Law Institute Foundation, Halina Nieć Legal Aid Centre, MultiOcalenie Foundation
PT
General Inspectorate of Home Affairs
RO
Romanian National Council for Refugees (NGO)
SE
Swedish Migration Agency
Issues of independence (same entity is responsible for returns)
SI
Caritas Slovenia (NGO)
SK
Slovenská humanitná rada (NGO)
Note: NGO = Non-governmental organisation
Source: FRA (2023)
