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Irregular migration, return and immigration detention
EU Charter of Fundamental Rights
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Report / Paper / Summary18November2021This report examines the EU’s main criminal law instrument in the field of counter-terrorism, Directive (EU) 2017/541. Specifically, it considers how the directive engages issues of fundamental rights, affecting individuals, groups and society as a whole. -
Report / Paper / Summary11October2021This report proposes a framework for becoming, and functioning as, a ‘human rights city’ in the EU. It includes ‘foundations’, ‘structures’ and ‘tools’ for mayors, local administrations and grassroots organisations to reinforce fundamental rights locally. It is based on existing good practice and expert input by representatives of human rights cities in the EU, academic experts, international organisations and city networks. -
Handbook / Guide / Manual22June2016Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law. -
PageThe Criminal Detention Database 2015-2022 combines in one place information on detention conditions in all 27 EU Member States as well as the United Kingdom.
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Report / Paper / Summary13December2021Since 2014, FRA has been publishing an annual update of the forced return monitoring systems EU Member States have set up under Article 8 (6) of the EU’s Return Directive. This overview describes different indicators for an effective forced return monitoring system. It includes the organisation responsible for monitoring forced return, the number of operations monitored in 2020, the phases of monitored return operations, the number of staff trained and working as monitors, and whether the monitoring body issued public reports about their monitoring. -
Report / Paper / Summary4November2021This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid. -
Report / Paper / Summary22June2017Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices. -
Report / Paper / Summary21November2011This report, based on comparative research on the fundamental rights situation of irregular migrants in Europe, advises on how fundamental rights should be incorporated in policies, laws and administrative practices affecting migrants in irregular situations.
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Asylum, migration and borders
The increase in migration has presented opportunities and challenges across Europe. FRA encourages rights-compliant responses.
We provide practical expertise on this complex issue. This includes regular updates, focus papers and toolkits. We also outline policy alternatives and best practices.
EU Charter of Fundamental Rights
Highlights
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Report / Paper / Summary18November2021This report examines the EU’s main criminal law instrument in the field of counter-terrorism, Directive (EU) 2017/541. Specifically, it considers how the directive engages issues of fundamental rights, affecting individuals, groups and society as a whole.
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Report / Paper / Summary11October2021This report proposes a framework for becoming, and functioning as, a ‘human rights city’ in the EU. It includes ‘foundations’, ‘structures’ and ‘tools’ for mayors, local administrations and grassroots organisations to reinforce fundamental rights locally. It is based on existing good practice and expert input by representatives of human rights cities in the EU, academic experts, international organisations and city networks.
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Handbook / Guide / Manual22June2016Access to justice is an important element of the rule of law. It enables individuals to protect themselves against infringements of their rights, to remedy civil wrongs, to hold executive power accountable and to defend themselves in criminal proceedings. This handbook summarises the key European legal principles in the area of access to justice, focusing on civil and criminal law.
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PageThe Criminal Detention Database 2015-2022 combines in one place information on detention conditions in all 27 EU Member States as well as the United Kingdom.
Highlights
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Handbook / Guide / Manual17December2020The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way. -
Report / Paper / Summary27March2020Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures. -
Page‘Hotspots’ are facilities set up at the EU’s external border in Greece and Italy for the initial reception, identification and registration of asylum seekers and other migrants coming to the EU by sea. They also serve to channel newly-arrived people into international protection, return or other procedures. -
Handbook / Guide / Manual18February2013Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on: Initial-reception facilities at external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.
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The Centre for European Policy Studies (CEPS) invited FRA to provide input on the fundamental rights implications of the proposed Return Regulation during its annual flagship event, the ‘Ideas Lab’.
Published At
2026-03-11T10:47:35
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