European Union Agency for Fundamental Rights (FRA): a new report highlights persistent gaps in fundamental rights monitoring and investigations of rights violations at EU borders
The European Union Agency for Fundamental Rights (FRA) has published a new report, “EU-mandated migration-related fundamental rights monitoring and investigations: Update 2026”, released in October 2026. The report examines how Member States monitor respect for fundamental rights during the screening of third-country nationals and the assessment of asylum claims at the external borders. It also considers the monitoring carried out by the fundamental rights officers of EU agencies and assesses how authorities investigate alleged rights violations at the EU's external borders.
According to the report, most Member States have taken steps to establish independent monitoring mechanisms, but overall progress remains slow. Although these 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. By September 2026, 22 Member States had designated a monitoring body or had legislation pending to do so, yet only 15 had formally established the mechanism in national law. In line with FRA's guidance, most entrusted the task to national human rights institutions or ombuds institutions. Many monitoring bodies report challenges relating to human and financial resources, as well as to access to facilities and documents.
The report also addresses forced returns. Member States carried out around 54,000 of them in 2025, and although monitoring systems exist across the EU, concerns persist about their independence and effectiveness. Monitoring missions are declining, and fewer than half of Member States publish information on their activities. The systematic use of restraints remains one of the main fundamental rights concerns. Meanwhile, the fundamental rights officers of the European Border and Coast Guard Agency (Frontex) and the EU Agency for Asylum identified obstacles to accessing asylum, excessive use of force, gaps in child protection, poor reception conditions and insufficient support for people in vulnerable situations.
Shortcomings are also evident in the investigation of alleged violations. Between 2020 and 2025, authorities in 12 Member States opened 322 criminal investigations into alleged violations at borders, of which only nine resulted in convictions. Most cases are discontinued at a preliminary stage, often because of difficulties in gathering evidence. Case law of the European Court of Human Rights has already identified weaknesses in the effectiveness of national investigations and can help authorities address them.
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, as well as greater transparency through the publication of monitoring findings and recommendations. It also advocates independent and effective monitoring of forced returns, with stronger safeguards against the routine use of restraints, which should be applied only when necessary and proportionate. Further priorities include prompt, effective and impartial investigations, with proper follow-up to the findings of monitoring bodies and EU agencies, and stronger cooperation and exchange of good practices among national monitoring bodies.
Monitoring state activities to which the public has limited or no access is a key tool for protecting fundamental rights, particularly at or near borders and in forced returns. Together with effective investigations, it promotes respect for the rule of law. FRA will therefore continue to issue regular overviews and to support national monitoring bodies, focusing on the mechanisms newly established under the Pact on Migration and Asylum.
To promote a coherent approach across the EU, FRA has developed a common monitoring methodology, shared with national bodies for piloting. It is also establishing an EU-wide network of national monitoring entities, in partnership with the Frontex Fundamental Rights Office, the Council of Europe and the European Network of National Human Rights Institutions. Finally, FRA encourages national authorities responsible for disciplinary and judicial investigations to make full use of its 2024 guidance on investigating alleged ill-treatment at borders.