Source: European Parliament
In recent years, the migration policy of the European Union (EU) has increasingly focused on reinforcing the external borders and the externalisation of migration management through cooperation with third countries. Although states have the right to decide whether to grant non-EU nationals access to their territory, they must do this in accordance with the law and uphold individuals’ fundamental rights. Nonetheless, national human rights institutions, international bodies, media and civil society organisations regularly report cases of ‘pushbacks’ or collective expulsions at the EU’s land and sea borders. According to these reports, pushbacks often involve excessive use of force by EU Member States’ authorities operating at external borders, and degrading and inhuman treatment of migrants and their arbitrary detention. Furthermore, the European Border and Coast Guard Agency (Frontex), has been accused of failing to safeguard people against human rights violations at the EU’s external borders. Not only do these practices and policies of stopping asylum-seekers and migrants in need of protection at or before they reach the external borders erode EU values as enshrined in the EU Treaties, they may also violate international and European humanitarian and human rights laws. The European Parliament has repeatedly called for Member States and EU agencies to comply with fundamental rights in their activities to protect the EU’s external borders. Several international organisations and other stakeholders have condemned or filed legal actions against the practice of pushbacks carried out at the EU’s external borders. The Screening Regulation, part of the pact on migration and asylum, aims to establish a pre-entry screening procedure applicable to third-country nationals and aims to address these potential breaches of fundamental rights. This is a further updated edition of a briefing from October 2022.