Most EU countries have taken steps to establish independent fundamental rights monitoring mechanisms at the EU’s external borders. However, overall progress in monitoring remains slow, according to a new report from the European Union Agency for Fundamental Rights (FRA). Although the mechanisms were due to be operational by mid-June 2026, several are not yet fully established and only a few have carried out their first monitoring activities. The report also highlights persisting gaps in the investigation of alleged rights violations at the borders.

FRA's latest report, EU-mandated migration-related fundamental rights monitoring and investigations: Update 2026, examines how Member States monitor the upholding of fundamental rights during the screening of third-country nationals and when assessing asylum claims at the external borders. It also looks at monitoring by EU agencies’ fundamental rights officers. Finally, it assesses how authorities investigate alleged rights violations at the EU’s external borders.

The report points to the following developments: 

• Monitoring under the Pact on Migration and Asylum: By September 2026, 22 Member States had designated a monitoring body or had legislation pending to do so. However, only a few had carried out their first monitoring missions. Only 15 Member States had formally established the mechanisms through national legislation. Most EU countries entrusted the monitoring to national human rights or ombuds institutions, in line with FRA’s guidance. Many monitoring bodies report challenges concerning resources (both human and financial) and access to facilities and documents.
• Monitoring of forced returns: EU Member States carried out around 54,000 forced returns in 2025. While forced-return monitoring systems exist across the EU, concerns remain about their independence and effectiveness. Monitoring missions are declining, and fewer than half of EU countries publish information about their monitoring activities. The systematic use of restraints remains one of the main fundamental rights concerns during forced returns. 
• Monitoring by EU agencies’ fundamental rights officers: Fundamental rights officers of the European Border and Coast Guard Agency (Frontex) and the EU Agency for Asylum identified issues such as obstacles to accessing asylum, excessive use of force, gaps in child protection, as well as poor reception conditions and a lack of support for people in vulnerable situations.
• Investigations of rights violations at borders: The report flags persistent shortcomings in the investigation of rights violations at EU external borders. Between 2020 and 2025, authorities in 12 EU Member States opened 322 criminal investigations into alleged rights violations at borders. Only nine resulted in convictions. Most cases are discontinued at the preliminary stage, often due to difficulties in obtaining evidence. Case law by the European Court of Human Rights has already identified gaps in the effectiveness of national investigations; this same case law can help authorities to address these shortcomings.

To strengthen fundamental rights protection, FRA calls for:

• Independent monitoring bodies with clear legal mandates, adequate resources and unrestricted access to facilities, documents and information.
• Greater transparency through the publication of monitoring findings and recommendations.
• Independent and effective monitoring of forced returns, including stronger safeguards against the routine use of restraints. Restraint measures should only be used when necessary and proportionate.
• Prompt, effective and impartial investigations into alleged rights violations at borders, with proper follow-up to findings by monitoring bodies and EU agencies.
• Stronger cooperation and exchange of good practices among national monitoring bodies across the EU.

Quote from FRA Director Sirpa Rautio

“Independent monitoring must be more than a requirement on paper. Monitoring bodies need the authority, resources and access to examine how people are treated at borders. When there are credible allegations of abuse, authorities must investigate them promptly and effectively.” Under the Migration and Asylum Pact, FRA supports Member States by developing common methodologies, providing expert guidance and facilitating cooperation through an EU-wide network of national monitoring bodies.

For more please contact: media@fra.europa.eu / Tel.: +43 1 580 30 642