The European Union Agency for Fundamental Rights warned of serious risks to fundamental rights at the external borders of the Union in a report published on Thursday. This report refers to the migration crisis in Ceuta, which in July saw the sudden arrival of thousands of migrants to this Spanish region, challenging the balance between protecting fundamental rights and securing the borders of the European Union.
Critical Situation in Ceuta
In late July, over 70,000 migrants entered Ceuta from Morocco within 48 hours, raising questions about how to manage sudden mass movements that may be used against the European Union. In her speech at the annual summit, Ursula von der Leyen, President of the European Commission, promised that a European emergency response framework would be presented, which she said should allow for "limited and precisely defined flexibility in standard procedures."
Proposals and Challenges
Greece has called for measures to suspend asylum applications in emergency situations, which could lead to the return of migrants, an action prohibited under international law. Several countries have supported this idea, while others question whether such actions should be taken at the EU level rather than at national capitals.
The agency's report emphasizes that any emergency measures must comply with EU laws and international laws, both guaranteeing the right to asylum and the principle of non-refoulement, which is "the cornerstone of refugee protection."
At a recent meeting of EU leaders, von der Leyen announced that the Commission would present proposals for the emergency framework before the end of the year. She said, "We will always uphold our values and fundamental rights, but we will never compromise on the protection of our borders."
The report also refers to other fundamental rights concerns at the external borders of the EU, including the implementation of rights monitoring mechanisms as part of migration reforms, restrictions imposed on search and rescue organizations, and investigations into rights violations at the borders.
According to the agency's statistics, 12 EU countries initiated 322 preliminary criminal investigations between 2020 and 2025, but only 9 of them led to convictions. These gaps in investigations create a "sense of impunity" that can undermine the rule of law, one of the fundamental values of the Union.
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