Brussels (APA) – The EU Agency for Fundamental Rights (FRA) issued a warning in a report released on Thursday, emphasizing that the planned return centers, or “return hubs,” in third countries must adhere to the fundamental rights of migrants. The agency advocates for legally binding agreements to ensure these rights are protected and the establishment of independent monitoring systems. EU Migration Commissioner Magnus Brunner is set to unveil a proposal for new EU legislation on returns in mid-March.
FRA Director Sirpa Rautio stated, “As the EU and member states explore solutions for managing migration, they must not lose sight of their responsibilities to safeguard the lives and rights of individuals. The proposed return centers must not become lawless environments. They will only align with EU law if they include strong and effective guarantees for fundamental rights.”
The EU Commission aims to streamline and expedite the return process
EU Commission President Ursula von der Leyen tasked Brunner in September to create a “new, community-based approach to the return of irregular migrants” as part of the asylum pact’s implementation. The revised regulation proposal is anticipated to be presented on March 11, with the Commission’s goal being to enhance the efficiency and speed of the return process, as well as establish “clear obligations for cooperation regarding returned individuals.”
Italy has taken the lead within the EU by proposing to house refugees in camps in Albania, beyond EU borders. Italian officials are expected to handle asylum applications through a fast-track process: those granted asylum may proceed to Italy, while those denied must return. However, the Italian government’s efforts to establish this “Albania model” have faced challenges, as the Court of Appeals in Rome has referred the matter to the European Court of Justice (ECJ), with a significant ruling anticipated in February. Nonetheless, several EU nations have shown willingness to consider European return centers, with former Chancellor Karl Nehammer (ÖVP) expressing support during the most recent EU summit.
Essential conditions for lawful decisions
The FRA’s position paper outlines several prerequisites for return centers to uphold fundamental rights and comply with EU law. It stipulates that existing EU regulations concerning returns must be adhered to, prohibiting arbitrary detention or transfer of individuals facing serious threats. Moreover, the FRA emphasizes that children should never be placed in return centers.
A “lawful and enforceable decision” that either denies entry or mandates an individual to leave the EU is necessary for their placement in a return hub. Minimum standards for the conditions and treatment of non-EU nationals must align with international and EU law. To mitigate the risk of fundamental rights violations, the new regulation should incorporate effective, independent monitoring mechanisms.
A group that included Austria had previously called for new initiatives, such as return centers or asylum processing in third countries, in a letter to the EU Commission in May of the past year, as reported recently by the Interior Ministry to APA. Poland has identified the exploration of “new innovative solutions” as a priority for its presidency, which commenced on January 1, alongside efforts for more efficient deportations. (07.02.2025)
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