Controlling land borders in compliance with fundamental rights

Controlling land borders in compliance with fundamental rights – FRA practical guidance Dr Tamas MOLNAR legal research officer Research and Data Unit Migration and Asylum Programme Tamas. Molnar@fra. europa. eu

Introduction • • • FRA intensifying its work on EU external land borders (see e. g. joint statement, w/ Co. E, on fundamental rights of refugees, asylum applicants & migrants at European borders – March 2020) As a next step: focus on daily operational work of border guards practical guidance (after consultations w/ HR EU PRES) Inclusive process of preparation, wide range of stakeholders consulted A number of fundamental rights are at stake in border management Schengen Borders Code reflects some EUMS multi-layered obligations on fundamental rights: EU Charter, ECHR, int’l human rights and refugee law national law + IBM strategies must incorporate them 2

Practical guidance – an overview 3

10 ‘dos’ and ‘don’ts’ 1. Treat every person with dignity and in a professional and respectful manner 2. Don’t use force and don’t confiscate property unless necessary, proportionate, and justified under national, EU and international law to achieve a legitimate aim 3. Pay attention to fundamental rights risks when cooperating with neighbouring third countries 4. Identify asylum applicants and protect them from refoulement 5. Protect victims of crime 4

10 ‘dos’ and ‘don’ts’ 6. Protect children at risk of abuse or violence (cont. ) 7. Respect procedural requirements and safeguards 8. Take all necessary precautions to protect personal data 9. Cooperate with human rights monitoring bodies and humanitarian actors 10. Take time for learning and development *** Each point is accompanied by relevant legal sources as their basis 5

Apprehension of migrants in an irregular situation & fundamental rights This FRA guidance (published in Oct. 2012) is now available in Croatian see at https: //fra. europa. eu/en/p ublication/2013/practicalguidance-area-asylummigration-and-borders 6

Thank you for your kind attention! ? Questions ? fra. europa. eu