Issues related to migration – including the relationship between the protection of Human Rights and national measures to control migration – have become the subject of intense political debate in Europe and elsewhere. In this context, Italy, together with eight other member States of the Council of Europe, raised its concerns in an open letter dated 22 May 2025 regarding the European Court of Human Rights' rulings on migration. They argued that a number of these rulings undermine national sovereignty and fail to adequately consider security risks.

As a follow-up to the above-mentioned open letter, the Council of Europe convened an informal Ministerial Conference in Strasbourg on 10 December 2025. The outcome of this meeting was the decision to prepare a draft political declaration reaffirming the obligation to ensure the effective enjoyment of the rights and freedoms guaranteed by the Convention to everyone within the jurisdiction of member states, in the context of migration. Moreover, the Ministers of Justice of the 46 member States of the Council supported the elaboration of a new recommendation on deterring and combating the smuggling of migrants, with full respect for their human rights.

This move by the Council of Europe brings the matter of international conventions and their ability to address the challenges of irregular migration into the political dialogue among member states, thus preserving the European Court's independence from undue pressure. The Court will remain the sole guardian of the Convention.