Serious risks at EU borders, fundamental rights agency warns

The EU Agency for Fundamental Rights has warned of significant risks to human rights at the bloc's external borders, particularly in light of the Ceuta migration crisis. In July, over 70,000 migrants crossed from Morocco into the Spanish exclave of Ceuta within 48 hours, exposing the tension between protecting fundamental rights and maintaining the EU's external borders.

Commission President Ursula von der Leyen pledged a European emergency response framework to address sudden mass movements that could be orchestrated against the bloc. Greece has advocated for a measure suspending asylum applications in emergencies, though this could potentially lead to pushbacks, which are prohibited under international law. While some countries support this idea, others are unsure whether it should be implemented at the EU level instead of national capitals.

The agency's report emphasizes that any emergency measure must adhere to EU and international law, which both guarantee the right to seek asylum and the principle of non-refoulement, a fundamental aspect of refugee protection. At a recent EU leaders' meeting, von der Leyen assured that the Commission would present a proposal for the emergency framework before the end of the year, stating that the EU would uphold its values and fundamental rights while safeguarding its borders.

The report also highlights other fundamental rights issues at EU external borders, such as the implementation of rights monitoring mechanisms in migration reforms, restrictions on search and rescue organizations, and investigations into rights violations at borders. Out of 322 preliminary criminal investigations initiated by 12 EU countries between 2020 and 2025, only nine resulted in convictions, suggesting a perception of impunity and a potential undermining of the rule of law, one of the Union's core values.