Publication date: 04 September 2025
The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, warns that externalised asylum and migration policies must be carefully designed to avoid serious human rights risks. His report highlights how transferring asylum, return, and border control functions to other countries can expose migrants to torture, arbitrary detention, and collective expulsions. Particular risks arise in the external processing of asylum claims, return procedures including “return hubs,” and outsourcing of border control. The Commissioner calls on states to adopt precautionary approaches, safeguard vulnerable people, and ensure transparency and accountability.
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Main theme: External Dimension
Publication Type: Report
Keywords: externalisation, return hub, border management, fundamental right, human rights
Publication date: 23 July 2025
When countries outside the EU encourage or organise the movement of migrants to put pressure on the Union or its Member States, this is called the instrumentalisation of migration. This position paper from the EU Agency for Fundamental Rights (FRA) explains what this means, why it matters, and how the EU can respond. It highlights the need to balance measures against political manipulation with the obligation to respect people’s fundamental rights. The paper warns that some responses risk undermining the right to asylum and other protections at the EU’s external borders.
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Main theme: Cross-sectional, Asylum, Migration
Publication Type: Report
Keywords: instrumentalisation, migrant, refugee, fundamental right
Publication date: 06 September 2023
This report examines the fundamental rights of long-term residents in the EU and the reasons behind the low uptake of EU LTR permits, despite them typically giving more rights than national LTR permits. The findings of this report can inform discussions of the revision of the EU legal framework regulating long-term residence and the framework’s implementation.
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Main theme: Integration
Publication Type: Report
Keywords: long term resident, fundamental right, long-term residence directive
Publication date: 15 June 2017
Myria's annual report "Migration in figures and rights 2017" highlights recent available data and it provides an analysis of a number of issues at stake in the field of immigration and asylum. Myria also addresses a number of recommendations towards the government on the respect of fundamental rights of foreigners.
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Main theme: Asylum, Migration
Publication Type: Report
Keywords: fundamental right, humanitarian visa
Publication date: 12 July 2016
Myria's annual report "Migration in figures and rights 2016" highlights recent available data, provides a juridical analysis on the issues at stake and lists a number of recommendations towards the government.
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On 12 January 2026, Myria issued a press release regarding a joint opinion with the Federal Institute for Human Rights (IFDH) on a draft law concerning the automatic loss of Belgian nationality. The joint opinion raises concerns over the significant expansion of offences and individuals affected, including dual nationals and Belgian-born citizens. Myria and IFDH highlight potential conflicts with equality, procedural safeguards, and fundamental rights, including the presumption of innocence. The press release draws attention to the consequences for residence rights and the need for thorough judicial review.
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Main theme: Citizenship & Nationality
Keywords: Belgian nationality, loss of nationality, residence, dual national, criminal offence, fundamental right
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In its judgment in Case C-679/23 P (WS and Others v Frontex), the Court of Justice of the European Union found that Frontex has specific obligations under EU law in joint return operations, including verifying the existence of enforceable return decisions for all persons involved. The ruling also emphasised that infringements of fundamental rights during such operations may give rise to the agency’s liability.
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Main theme: Return & Readmission
Keywords: joint return operation, Frontex, liability, enforceable return decision, fundamental right
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The event will bring together experts from Germany and across Europe to discuss recent developments in family reunification. Debates will address the tension between safeguarding fundamental rights and meeting the requirements of migration management. Participants will explore how these priorities can be reconciled in practice through national and European approaches.
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Main theme: Family reunification
Keywords: family reunification, fundamental right, migration management
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The European Commission’s proposed Return Regulation introduces measures to increase return rates across the EU. These include extended detention periods, returns to non-EU countries with no prior personal ties, offshore “return hubs”, and obligations for individuals subject to return orders. Over 200 civil society organisations have raised concerns about fundamental rights, legal uncertainty, and disproportionate impacts. They call on EU institutions to withdraw the proposal and reject it in its current form.
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Main theme: Return & Readmission
Keywords: return directive, return regulation, return hub, return rate, fundamental right, detention
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The term “instrumentalisation of migrants” describes a strategy where countries outside the EU use the movement of people to put political pressure on the Union or one of its Member States. This has happened at several borders in recent years and has had real human consequences. A new paper from the EU Agency for Fundamental Rights (FRA) explains what the phenomenon is, the dilemmas it creates, and why responses must strike a careful balance.
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Main theme: Cross-sectional, Asylum, Migration
Keywords: instrumentalisation, migrant, refugee, fundamental right
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Amnesty International and the Human Rights League are proposing a meeting with Françoise Tulkens, former judge and Vice-President of the European Court of Human Rights, and Manuela Cadelli, judge at the Court of First Instance of Namur, to examine the consequences of the letter from nine European authorities calling for a new interpretation of the European Convention on Human Rights (ECHR).
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In response to a recent call by several European Heads of State to reinterpret the European Convention on Human Rights, six Belgian human rights institutions have voiced strong concerns. They warn that such initiatives risk undermining the authority and independence of the European Court of Human Rights. The institutions urge the Belgian federal government to remain consistent with its international commitments and to clearly reaffirm its support for the Court and the Convention.
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Backed by Italy and Denmark, a group of nine EU Member States has issued a letter calling for a new interpretation of the European Convention on Human Rights (ECHR) to facilitate the expulsion of foreign nationals convicted of crimes. While the letter's authors frame it as a call for open discussion, the move has raised concerns over judicial independence and the protection of fundamental rights in Europe.
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On 21 and 22 May 2025, the European Migration Network’s Return Experts Group (EMN REG) convened a two-day workshop, hosted by the Belgian Immigration Office and EMN Belgium. The event brought together 50 participants from EU Member States, EU agencies (including Frontex and the EU Asylum Agency), civil society organisations, and international organisations. The workshop focused on the development and implementation of effective alternatives to detention (ATDs) within the EU’s migration and return systems.
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The European Commission has released a proposal for a regulation establishing a common system for the return of third-country nationals staying illegally in the Union. The new rules introduce, among other things, stronger obligations for returnees and the legal possibility of returning individuals who are illegally staying in the EU and have received a final return decision to a return hub in a third country. The European Parliament and the Council of the EU must now examine and negotiate the proposal.
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On 17-18 October 2024, EMN Belgium participated in the Odysseus Network Conference 2024 on EU Legislation after the Pact. This event offered EMN Belgium the opportunity to gain an in-depth understanding of some of the 485 pages included in the new legal instruments introduced by the New Pact on Migration and Asylum.
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Main theme: Cross-sectional
Keywords: New Pact on Migration and Asylum, implementation, solidarity, responsibility sharing, border, screening, fundamental right
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On 25 and 26 June 2024, EMN Belgium and its partners organised a high-level conference to present the Pact and outline subsequent steps for its implementation. The event, which convened 400 representatives from pivotal institutions and organisations, highlighted the opportunities and challenges associated with the Pact as well as the need and potential for partnerships in effectively implementing it.
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In its judgment in Case T-600/21 | WS and Others v Frontex, the General Court dismissed today the action of a number of Syrian refugees who had brought a claim for compensation before the General Court of the European Union. The applicants claimed that Frontex engaged in improper conduct with regard to them.
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Main theme: Return & Readmission
Keywords: Frontex, return operation, fundamental right
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Following the recent tragic loss of life off the Greek coast, a short report of the EU Agency for Fundamental Rights (FRA) suggests what the EU should do to prevent more deaths at sea. FRA calls on the European Commission, EU Member States and EU Agencies to act now to prevent future tragedies and save lives.
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Main theme: Irregular Migration
Keywords: migrant death, fundamental right, search and rescue
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"Inburgering" and Integration are being quantitatively and qualitatively brought to light and examined in several specific fields: education, living conditions, labour market, entrepreneurship and rights.
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Main theme: Integration
Keywords: education, entrepreneurship, fundamental right, living condition
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Asylum seekers in the EU would be better protected, and would not be transferred to EU countries where there is a risk of inhuman or degrading treatment, under changes to EU asylum legislation endorsed by the Civil Liberties Committee.
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Main theme: International Protection
Keywords: Dublin Regulation, fundamental right, early-warning, transfer
Deadline for sending feedback on the implementation by Frontex of its fundamental rights obligations
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In view of the new legal framework and the interest taken by civil society in the EU's management of external borders, including its fundamental rights dimension, the Ombudsman seeks to clarify, by an own-initiative inquiry, the implementation by Frontex of its fundamental rights obligations.