As the European Union moves toward adopting a new Regulation on the return of third-country nationals staying illegally in the EU, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, says that the proposed framework risks undermining the human rights of migrants and asylum seekers.

In his Observations, published today, he acknowledges the EU’s objective of establishing a more effective common returns system, emphasising that relevant measures must not contravene international law, including the absolute prohibition of refoulement.

Key concerns and recommendations

•  Individual assessments: the Commissioner identifies a risk that people’s personal circumstances and the dangers faced upon return may not be adequately assessed under the new framework.
•  Remedy: the Commissioner recommends that co-legislators reject any proposals that weaken a person’s right to appeal return decisions or limit their ability to submit evidence against being returned to a specific country.
•  “Return hubs”: the Commissioner calls for caution on the proposal for “return hubs”. He lists safeguards that should be reflected in the Regulation and emphasises that any such engagement must be preceded by:
  •  Mandatory and comprehensive human rights risk assessments
  •  Robust risk mitigation strategies
  •  Effective transparency, monitoring and accountability mechanisms.

For the Commissioner, the Regulation should also explicitly prioritise voluntary returns over forced removals and limit the use of detention. He also calls for the proportionality of sanctions and law enforcement powers to be guaranteed, and to consider other alternatives to return when addressing irregular stay.

“The protection of human rights in not an obstacle to a functioning migration system, it is the foundation of one,” says the Commissioner. “We must ensure that in the pursuit of a common framework, we do not dismantle the safeguards that protect migrants and asylum seekers.”

• Read the Commissioner's Observations on the upcoming EU Returns Regulation

Following the publication of the FRA report ‘Fundamental rights and housing in the EU’s climate and energy transition’, FRA released country reports for 10 EU Member States (Belgium, Czechia, Estonia, Germany, Greece, France, Poland, Slovakia, Spain and Sweden).

Download report  Download country reports

Based on country-level fieldwork conducted by FRA’s research network, FRANET, the reports draw on legal and policy analysis and expert interviews with representatives of public authorities, civil society, practitioners and academia. They outline the fundamental rights implications and promising practices related to housing renovation and clean energy installation programmes, measures addressing energy poverty, and climate and energy transition policies at the national level. 

The Ombudsman, Mr. Endrit Shabani, has begun a tour of official visits to the institutions of the European Union in Brussels. This agenda of meetings focuses on the role that the Ombudsman will play in the process of Albania’s integration into the EU.

In this context, Mr. Shabani, who also holds the position of President of the Mediterranean Network of Ombudsmen (AOM), held his first meeting with the Secretary General of the European Network of National Human Rights Institutions (ENNHRI), Ms. Debbie Kohner.

During the conversation, Ms. Kohner expressed the commitment of ENNHRI, a network that unites over 50 Ombudsmen across Europe, to support Albania on its European journey. This support is essentially aimed at strengthening the role of the Ombudsman in monitoring the rule of law, strengthening democracy and protecting civic space.

At the end of the meeting, Mr. Shabani thanked Ms. Kohner for her support and assured her that the Ombudsman will continue to be a proactive actor within the European network and reconfirmed the institution's determination to protect the constitutional rights of citizens throughout this transformative process such as membership in the European Union.

The Parliamentary Ombudsman, Judge Joseph Zammit McKeon, met the Auditor General of Kosovo, Madam Vlora Spanca, who is in Malta for bilateral talks with the National Audit Office of Malta.

During the meeting, the Ombudsman referred to the strong relationship between the Office of the Ombudsman in Malta and the Ombudsman Institution of Kosovo. He noted that his Office will soon host officials from the Ombudsman Institution of Kosovo for a study visit in Malta.

The Ombudsman also referred to his visit to Kosovo last December, where he as Ombudsman of Malta and Vice President of the IOI European Regional Board addressed the 25th Anniversary Conference during the first plenary session entitled “Shifting priorities. Human rights in a changing world. Perspectives from human rights networks.” In his intervention, he observed that the post war human rights framework is increasingly being challenged by force, political expediency and indifference. He emphasised that international networks of ombudsman and human rights institutions play a critical role in defending those rendered vulnerable by conflict, displacement and injustice.

During the meeting, the Ombudsman also referred to the close collaboration between the Office of the Ombudsman and the National Audit Office of Malta.

He highlighted the Memorandum of Understanding signed between the two constitutional Offices, which establishes a structured framework for cooperation aimed at strengthening transparency, accountability and good governance across the public sector. The agreement provides for the exchange of relevant non personal information, collaboration on joint initiatives such as research and educational activities, coordination on policy and procedural improvements, and the sharing of matters of mutual international interest, while fully respecting professional independence and confidentiality.

Reference was also made to joint outreach initiatives, including the participation of Parliament, the Office of the Ombudsman and the National Audit Office in a shared stand during MCAST Freshers’ Week. This initiative reflected the common role of the three institutions, as officers of Parliament, in promoting accountability, public engagement and democratic governance.

During the meeting, Mr Charles Deguara, Auditor General of Malta, explained that the engagement provides an important opportunity for both Supreme Audit Institutions to strengthen institutional cooperation, exchange professional experience and explore avenues for future collaboration in public sector auditing. The programme of meetings focuses on key areas of mutual professional interest, including performance auditing methodologies, practical examples of good practice, leadership and institutional governance frameworks, communication strategies and approaches to monitoring the implementation of audit recommendations.

Se trata de un conjunto de videopódcast que tienen por objetivo recuperar el sentido de la ciudad; el nombre responde al número de barrios que hay en Barcelona El primer capítulo se publicará el 13 de febrero y se ha realizado de la mano de Ràdio Hostafrancs, reuniendo a vecinas, vecinos y entidades en un diálogo abierto sobre la vida y las inquietudes en los barrios, con un tono propositivo   La Sindicatura...