A Timely Dialogue in the Context of the New Pact

The workshop took place within the framework of the New Pact on Migration and Asylum, which introduces a comprehensive European approach linking border management, asylum, and return procedures. A key pillar of the Pact is the promotion of swift, fair, and rights-based processes, with detention used only as a last resort.

In line with the EU acquis and the Commission’s proposed reforms to return procedures, Member States are encouraged to invest in and expand alternatives to detention (ATDs)—measures that support individual engagement, help prevent absconding, and ensure continuity in procedures, all while fully respecting fundamental rights.

The workshop aimed to deepen understanding of ATDs and explore how they can be effectively implemented within current and forthcoming legislative frameworks, drawing on good practices and expert insights from across the EU.

Strong Legislative Foundations and Practical Solutions

Day 1 focused on the legal and policy foundations of ATDs. Representatives from DG HOME, UNHCR, and the International Detention Coalition shared perspectives on anchoring ATDs within legal frameworks while addressing the specific needs of vulnerable groups such as children and families.

EU agencies—including EUAA, Frontex, and the Fundamental Rights Agency (FRA)—presented the latest tools and guidance developed to support Member States in designing and implementing effective ATDs in line with EU law.

During a session on practical implementation, representatives from the Belgian Immigration Office, Jesuit Refugee Service, CEPAIM, and UNICEF showcased promising results from pilot programmes.

Civil society organisations emphasised that multistakeholder approaches build trust, and that engagement-based alternatives—which respect dignity and empower individuals to make informed decisions about their future—lead to higher compliance and more sustainable outcomes for both migrants and host communities. They also called for increased and more flexible funding from the Asylum, Migration and Integration Fund (AMIF) to scale up successful pilot projects.

Interactive Dialogue

Day 2 featured interactive working groups where participants discussed key themes, including: 

• Defining and distinguishing engagement measures versus ATDs;
• Ensuring the responsible use of digital tools while safeguarding rights;
• Conducting individual assessments to determine appropriate ATDs;
• Addressing implementation challenges and evaluating cost-effectiveness.

These discussions clarified the definition and scope of alternatives to detention, distinguishing enforcement-focused measures from those centred on engagement. The role of digital tools was carefully examined, with a strong emphasis on protecting human rights, privacy, and proportionality, drawing on best practices from both within and beyond the EU. Attention was also given to the importance of individual assessments, which enable tailoring alternatives to vulnerable groups and complex cases, alongside calls for a more coherent EU-wide approach to evaluating the risk of absconding and strengthening national capacities. Participants also addressed practical challenges in implementing ATDs, including evidence of their cost-effectiveness, the benefits of combining various measures for better results, and the need to ensure rights-respecting, sustainable solutions.

A Clear EU Commitment to Moving Forward

In the final session, representatives from DG HOME, EUAA, Frontex, and PICUM discussed ways the EU can support Member States in expanding alternatives to detention. They emphasised the importance of providing legal clarity and consistent definitions, offering practical operational guidance and tools, and exploring options for increased access to flexible funding to encourage multistakeholder approaches in implementing effective and humane ATDs.