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In May 2024 the EU adopted the Pact on Migration and Asylum through the approval of 10 new instruments covering border and asylum procedures, responsibility-sharing and solidarity, reception and return. The pact also strengthens the EU planning cycle on asylum and migration. It gives Member States two years to prepare its implementation, which is due in June 2026.
The pact assigns specific roles to FRA on:
- Fundamental rights monitoring
The Screening Regulation (EU) 2024/1356, Article 10 (2) requires FRA to issue guidance on independent monitoring mechanism during screening of new arrivals and under the border asylum procedure and to support Member States, for example, with methodological guidance and training, if requested. - Strategic planning on asylum and migration
The Asylum and Migration Management Regulation (EU) 2024/1351 envisages formal ways for FRA to feed fundamental rights information into strategic EU documents. - Preparedness and management of crisis
The Asylum and Migration Management Regulation (EU) 2024/1351 and the Crisis and Force Majeure Regulation (EU) 2024/1359 strengthen FRA’s role in identifying fundamental rights risks and gaps. This enables FRA to bring these issues to the attention of Member States, the European Commission and relevant justice and home affairs agencies to facilitate a coordinated response in times of crisis.
The pact introduces stricter procedures. If not carefully implemented, it could lead, for example, to arbitrary deprivation of liberty and unfair asylum or return procedures This exposes migrants and asylum applicants to rights violations. Fundamental rights safeguards embedded in the legal instruments adopted under the pact should ensure a rights-compliant implementation.
European law relating to asylum, borders and immigration
The European Convention on Human Rights and EU law provide a framework for the protection of the rights of non-EU citizens. A handbook presents this European legislation and case law from the two European courts in an accessible way.
- Handbook on European law relating to asylum, borders and immigration - Edition 2020 (FRA and the European Court of Human Rights, available in 15 EU languages)
Ongoing work: together with the European Court of Human Rights, FRA is updating the handbook. The new version is expected to be ready by mid-2026.
Fundamental rights monitoring and investigations
Member States must set up or designate national independent mechanisms to monitor compliance with fundamental rights during screening and the asylum border procedure. As required under Article 10 of the Screening Regulation (EU) 2024/1356, FRA published:
Fundamental rights violations at borders often go unreported. Investigations into these violations need to be more effective. FRA published 10 steps to promote prompt and effective national investigations into incidents of ill-treatment at borders:
A joint publication with the Council of Europe sets out human rights standards stemming from both the European Convention on Human Rights and EU law:
- European standards on legal remedies, complaints mechanisms and effective investigations at borders (2021)
Ongoing work: FRA is developing methodological guidance for the future monitors. It will support fundamental rights monitors in their daily work to plan, carry out and follow up on monitoring visits.
Fundamental rights at borders
Border management is a highly sensitive area when it comes to fundamental rights. The FRA pocket guide intends to give border guards an overview of fundamental rights safeguards embedded in EU law:
- Border controls and fundamental rights at external land borders (2020) (available in 23 EU languages)
Two joint publications with the Council of Europe set out human rights standards stemming from both the European Convention on Human Rights and EU law:
- Fundamental rights of refugees, asylum applicants and migrants at the European borders (2020)
- Children in migration: fundamental rights at European borders (2023)
EU Member States are increasingly involved in border management activities in cooperation with third countries. This practical tool suggests how to reduce the risk of refoulement in these situations:
Initial reception at borders
This note lists 12 points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at borders:
Information systems for migration and policing
The EU is advancing the digitalisation of its borders, migration management and law enforcement through large scale IT systems. FRA is requested under EU law to support a fundamental rights compliant implementation of these new systems, for example through training of border guards and an active role in the Fundamental Rights Guidance Board of the European Travel and Information Authorisation System (ETIAS).
In the implementation of the pact, Recital (51) of the Eurodac Regulation (EU) 1358/2024, asks Member States to consider FRA’s checklist to act in compliance with fundamental rights when obtaining fingerprints for Eurodac.
- Fundamental rights implications of the obligation to provide fingerprints for Eurodac (2015) (at page 2, available in five EU languages)
A leaflet assists officers and authorities to inform asylum applicants and migrants in an understandable and accessible way about the processing of their fingerprints in Eurodac:
An information platform explains the fundamental rights implications – in terms of risks and opportunities – of processing personal data in European large scale information systems:
Guardianship for unaccompanied children
The pact reinforces guardianship systems for unaccompanied children. This handbook provides guidance on setting up guardianship systems, from the core principles to the practical considerations related to managing guardians and the guardian’s tasks:
- Guardianship handbook for children deprived of parental care (2014) (available in 23 EU languages)
Several pact instruments refer to the need for training of guardians. FRA has developed a manual for trainers and an online training tool for guardians:
- A manual for trainers and online training tool for guardians (2023)
FRA and the European Union Asylum Agency (EUAA) have produced three practical tools to inform guardians about international protection procedures and how to support unaccompanied children through them:
- Practical tools for guardians:
On-going work: FRA is updating the Guardianship handbook, as required by the European Commission’s Common implementation Plan. The new version is expected to be ready by mid-2026. EUAA and FRA will also update the practical tools in due course.
Asylum and migration planning cycle
The Asylum and Migration Management Regulation (EU) 2024/1351 requires the European Commission to produce various strategic reports, including an annual asylum and migration report. It also strengthens FRA’s role to bring fundamental rights risks and gaps to the mechanism for information sharing in times of crisis set up by Commission Recommendation (EU) 2020/1366. FRA’s annual fundamental rights reports provides an overview of key fundamental rights challenges faced by the EU and its Member States:
- Fundamental Rights Report 2024 (2024) (Chapter 3)
FRA regularly publishes data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports:
- Search and rescue operations and fundamental rights - annual updates
Ongoing work: FRA is regularly collecting data on the situation in Member States on fundamental rights at borders and access to asylum.
Solidarity
The pact establishes a mandatory system of solidarity in cases of migratory pressure. Relocation is one of the ways that Member States can support each other. FRA has produced a practical guidance on how to ensure a rights-complaint relocation of unaccompanied children:
Preventing and addressing labour exploitation of asylum seekers and refugees
The pact introduces stronger measures against labour exploitation of asylum seekers and refugees. FRA has produced guidance on preventing labour exploitation of third country nationals. This includes a training manual for labour inspectors and guidance with six points to help labour inspectors apply EU law safeguards in practice: