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.

The Fundamental Rights Report 2025 provides an overview of the state of fundamental rights in the EU, highlighting key developments and trends observed in 2024. The report includes a dedicated section on ‘Migration and asylum at the EU’s external borders’, which addresses, among other issues, challenges related to search and rescue operations, incidents of ill-treatment and rights violations at borders, concerns about border procedures under the New Pact, and fundamental rights risks associated with proposed return policies.

The Council of the European Union has agreed its position on a proposal for an EU regulation establishing a common system for the return of third‑country nationals staying in the EU illegally. The proposed regulation introduces common procedures, obligations for those without the right to stay, and tools for cooperation between Member States. It also allows for the creation of return hubs in third countries. Negotiations with the European Parliament will follow to agree on the final text.

In March 2025, the European Commission proposed a regulation establishing a common return system for third-country nationals staying illegally in the EU. Médecins du Monde and PICUM have published a report highlighting potential risks associated with the proposal, particularly concerning access to healthcare and data protection. The report outlines how the proposal may affect the rights of individuals, including vulnerable groups, and raises ethical concerns for professionals. The organisations call on EU lawmakers to ensure that the regulation respects fundamental rights and medical ethics.

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.

The European Union Agency for Fundamental Rights (FRA) has released its 2025 Fundamental Rights Report, offering a detailed overview of key developments in the EU’s human rights landscape. Among the areas of concern, the report draws particular attention to migration and asylum at the EU’s external borders, where challenges continue to raise fundamental rights issues.

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.

In a position paper published on 6 February 2024, the European Union Agency for Fundamental Rights (FRA) sets out the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. This includes independent monitoring to reduce the risks of fundamental rights violations.

On 5 November, the LIBE Committee questioned Magnus Brunner, the Austrian candidate for the Internal Affairs and Migration portfolio. Brunner committed to speeding up the implementation of some elements of the New Pact on Migration and Asylum and showed himself open to considering new ideas to complement it. He also announced that he would table a new Return Directive and strengthen legal pathways to attract the skills that EU labour markets need. 

In a letter to the 27 EU Member States, Ursula von der Leyen announced that the Commission will present a new proposal for legislation to ensure solid rules for the removal of irregularly staying third-country nationals, including those posing a threat to public order or internal security. She also referred to possible "return hubs" outside the EU, drawing lessons from the start of operations of the Italy-Albania protocol.

Fifteen European countries plead with the European Commission to go beyond the New Pact on Migration and Asylum. They push for comprehensive, mutually beneficial and durable partnerships with third countries located along the migratory routes. They also want to inter alia explore solutions aimed at rescuing migrants on the high seas and bringing them to a predetermined place of safety in a partner country outside the EU.