The Forum for Fundamental Rights calls for clearer guarantees in Frontex activities
Liviu Brăteanu
EU
Foto: Pixabay
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The Frontex Consultative Forum on Fundamental Rights calls for clearer guarantees in the agency's activities, after the 2025 annual report identified concerns regarding screening, returns, debriefing, and operational accountability.
In brief
The Frontex Consultative Forum has published its 13th annual report, with observations and recommendations regarding the agency's activities in 2025. The report states that Frontex does not proactively consult the Forum on important strategic issues, although feedback from some divisions of the agency has improved. The Forum calls for specific guarantees in operational plans and clear thresholds that condition Frontex's support for member states. The report expresses concerns regarding debriefing, the complaints mechanism, returns, and risks of fundamental rights violations, particularly in Greece, Bulgaria, and Serbia. The implementation of the Regulation on screening, ETIAS, EES, and the new Eurodac is presented as a major risk area for fundamental rights, data protection, and privacy.
The Frontex Consultative Forum has published its 13th annual report, which presents the activities, observations, and recommendations made in 2025 for the European Border and Coast Guard Agency and its management board.
The report shows that the Forum has provided advice on the implementation of the EU Pact on Migration and Asylum, the screening tools developed by Frontex, the identification of vulnerable individuals in VEGA operations, ETIAS, return procedures, complaints mechanisms, and training in the field of fundamental rights.
The Forum notes an improvement in the feedback provided by Frontex divisions on the recommendations received, but states that the agency still does not take the initiative to proactively consult the Forum on important strategic issues. The report mentions the establishment of the Fundamental Rights Compliance Panel as an additional protection tool, but states that its objectives, activities, and outcomes are not sufficiently transparent and that there is no engagement with the Consultative Forum.
In 2025, Article 46 of the Frontex Regulation, which allows the executive director to fully or partially suspend the agency's activities or not to launch an activity in case of serious or persistent violations of fundamental rights, was not applied. The report shows that the EU Court of Justice's decisions at the end of 2025 regarding Frontex's accountability indicate possible risks related to fundamental rights.
The Forum remains concerned that some operational plans with member states do not contain specific guarantees regarding fundamental rights, although the Fundamental Rights Officer has recommended such measures. The report mentions that reports on serious incidents and information published by international organizations and civil society indicate serious violations of fundamental rights, particularly in Greece, Bulgaria, and Serbia.
For 2026, the Forum considers it important to monitor whether the executive director of Frontex will follow the recommendations of the Fundamental Rights Officer and will introduce specific guarantees and clear thresholds that will condition the agency's support on the acceptance of mitigation measures in operational plans.
The report also criticizes the fact that the Frontex management board ultimately rejected a proposal from the Fundamental Rights Officer to reform the complaints mechanism. The proposal would have allowed direct transmission to national complaint resolution mechanisms of cases involving the authorities of member states. According to the report, the change was contested multiple times by representatives of some member states in the management board and remains pending.
The Forum states that progress is very limited regarding the management of Frontex's debriefing activities. Although these activities aim to collect information, they are considered prone to risks of fundamental rights violations. The report calls for a clear definition of debriefing and guidelines for conducting it in compliance with fundamental rights.
In the contribution regarding the review of the Frontex Regulation, the Forum recommends that debriefing be defined as a separate activity and include clear guarantees: voluntary, anonymous, and confidential character, informing the person in a language they understand, recorded consent, mandatory presence of an interpreter or cultural mediator, privacy protection, referral of individuals seeking asylum or vulnerable individuals to relevant procedures, and information about Frontex's complaints mechanism.
The report pays separate attention to the implementation of the Regulation on screening, adopted within the Pact on Migration and Asylum. Frontex has developed a "screening toolbox," tested in 2025 in Lampedusa, Italy, and Sighetu Marmației, Romania, and is set to be tested in other member states in 2026. The Forum considers that, although the tool is not mandatory for member states, it is important for guidance and establishing standards at the EU level.
The Forum calls for the lessons from these pilot projects to be analyzed in 2026 and for guarantees regarding fundamental rights to be integrated into the overall process. The Regulation on screening obliges member states to establish independent national mechanisms for monitoring compliance with fundamental rights and investigating violations during screening.
In 2025, the Forum analyzed Frontex's screening tools and made recommendations regarding the recognition of statelessness, explaining independent monitoring mechanisms, the possibility of filing a complaint during screening, the availability of interpretation and cultural mediation, guarantees regarding data inquiries and storage of personal data, child protection, identifying and referring vulnerable individuals to relevant procedures, and the right to good administration.
The report also signals the implications for fundamental rights of new IT systems widely used in border management, including the Entry-Exit System, ETIAS, and the new Eurodac. The Forum warns that these technologies can streamline procedures but raise significant human rights implications, including data protection and the right to privacy, which must be closely monitored during implementation.
Regarding ETIAS, the report shows that the main challenges lie in the risk screening methodology, assessing risk criteria before and after application, risks of discrimination and data protection, and access to an effective remedy. The Forum states that, prior to launch, a review of compliance with human rights and an assessment of the impact on data protection is important.
In VEGA operations, which aim to improve the identification of vulnerable individuals, including children, five experts from the Consultative Forum participated in 2025 in activities in four locations: three airports and a border crossing point in Italy, Lithuania, Moldova, and Romania. The experts were present on the ground for eight weeks.
The report mentions positive practices, such as the use of body-worn cameras, prioritizing passport checks for families with young children and for individuals with disabilities. Recurring recommendations include training border police on the rights of unaccompanied children, child-related documents, interaction with vulnerable individuals, referral mechanisms to specialized services, accessible informational materials, and ensuring interpretation and cultural mediation.
In the area of returns, the Forum recommended clearer guarantees for vulnerable individuals, children, stateless persons, and victims of gender-based violence, as well as guidance on the necessity and proportionality of the use of force, separating families only as a last resort, access to interpreters and cultural mediators, the existence of an accessible complaints mechanism, and avoiding stigmatizing language in return materials.
The report also includes data on the context of migration in 2025. According to analyses by the EUAA cited by the Forum, in 2025 approximately 822,000 applications for international protection were submitted in the EU+, 19% fewer than in 2024. At the same time, preliminary Frontex data indicate a decrease of approximately 26% in detections of irregular border crossings.
The report warns that asylum applications and detections of irregular crossings do not always evolve in parallel. For example, applications submitted by Afghans increased by 33%, largely through repeated applications by women already in the EU+, while Venezuelan citizens submitted 91,000 applications, mostly in Spain, but entered as legal passengers without a visa.
The Consultative Forum was established in 2012 and has been operational since January 2013. According to Regulation 2019/1896, its role is to provide Frontex with independent advice on respecting, protecting, and promoting fundamental rights in the agency's activities. In 2025, the Forum was composed of 15 organizations, including the EU Agency for Asylum, the EU Agency for Fundamental Rights, the Council of Europe, the International Organization for Migration, OSCE/ODIHR, OHCHR, UNICEF, UNHCR, and civil society organizations.
The report is published at a time when Frontex has an expanded role in managing the EU's external borders, and the Pact on Migration and Asylum introduces new procedures, including mandatory screening, security checks, health and vulnerability checks, and national mechanisms for monitoring fundamental rights.
The Court of Justice of the European Union issued, on December 18, 2025, two relevant rulings regarding Frontex's accountability. In the case of WS v Frontex, the Court established that the agency has an obligation to respect fundamental rights in joint return operations and to verify the existence of enforceable return decisions. In the case of Hamoudi v Frontex, the Court shifted the burden of proof in cases invoking pushbacks from the victim to Frontex, according to the report.
The Forum believes that these rulings must be taken into account by the European legislator in the future review of the Frontex Regulation, as well as in the new framework regarding returns. The 2025 annual report will be presented to the European Parliament's Committee on Civil Liberties, Justice and Home Affairs, the Council's Working Group on Borders, and other interested parties, upon request.
In brief
The Frontex Consultative Forum has published its 13th annual report, with observations and recommendations regarding the agency's activities in 2025. The report states that Frontex does not proactively consult the Forum on important strategic issues, although feedback from some divisions of the agency has improved. The Forum calls for specific guarantees in operational plans and clear thresholds that condition Frontex's support for member states. The report expresses concerns regarding debriefing, the complaints mechanism, returns, and risks of fundamental rights violations, particularly in Greece, Bulgaria, and Serbia. The implementation of the Regulation on screening, ETIAS, EES, and the new Eurodac is presented as a major risk area for fundamental rights, data protection, and privacy.
The Frontex Consultative Forum has published its 13th annual report, which presents the activities, observations, and recommendations made in 2025 for the European Border and Coast Guard Agency and its management board.
The report shows that the Forum has provided advice on the implementation of the EU Pact on Migration and Asylum, the screening tools developed by Frontex, the identification of vulnerable individuals in VEGA operations, ETIAS, return procedures, complaints mechanisms, and training in the field of fundamental rights.
The Forum notes an improvement in the feedback provided by Frontex divisions on the recommendations received, but states that the agency still does not take the initiative to proactively consult the Forum on important strategic issues. The report mentions the establishment of the Fundamental Rights Compliance Panel as an additional protection tool, but states that its objectives, activities, and outcomes are not sufficiently transparent and that there is no engagement with the Consultative Forum.
In 2025, Article 46 of the Frontex Regulation, which allows the executive director to fully or partially suspend the agency's activities or not to launch an activity in case of serious or persistent violations of fundamental rights, was not applied. The report shows that the EU Court of Justice's decisions at the end of 2025 regarding Frontex's accountability indicate possible risks related to fundamental rights.
The Forum remains concerned that some operational plans with member states do not contain specific guarantees regarding fundamental rights, although the Fundamental Rights Officer has recommended such measures. The report mentions that reports on serious incidents and information published by international organizations and civil society indicate serious violations of fundamental rights, particularly in Greece, Bulgaria, and Serbia.
For 2026, the Forum considers it important to monitor whether the executive director of Frontex will follow the recommendations of the Fundamental Rights Officer and will introduce specific guarantees and clear thresholds that will condition the agency's support on the acceptance of mitigation measures in operational plans.
The report also criticizes the fact that the Frontex management board ultimately rejected a proposal from the Fundamental Rights Officer to reform the complaints mechanism. The proposal would have allowed direct transmission to national complaint resolution mechanisms of cases involving the authorities of member states. According to the report, the change was contested multiple times by representatives of some member states in the management board and remains pending.
The Forum states that progress is very limited regarding the management of Frontex's debriefing activities. Although these activities aim to collect information, they are considered prone to risks of fundamental rights violations. The report calls for a clear definition of debriefing and guidelines for conducting it in compliance with fundamental rights.
In the contribution regarding the review of the Frontex Regulation, the Forum recommends that debriefing be defined as a separate activity and include clear guarantees: voluntary, anonymous, and confidential character, informing the person in a language they understand, recorded consent, mandatory presence of an interpreter or cultural mediator, privacy protection, referral of individuals seeking asylum or vulnerable individuals to relevant procedures, and information about Frontex's complaints mechanism.
The report pays separate attention to the implementation of the Regulation on screening, adopted within the Pact on Migration and Asylum. Frontex has developed a "screening toolbox," tested in 2025 in Lampedusa, Italy, and Sighetu Marmației, Romania, and is set to be tested in other member states in 2026. The Forum considers that, although the tool is not mandatory for member states, it is important for guidance and establishing standards at the EU level.
The Forum calls for the lessons from these pilot projects to be analyzed in 2026 and for guarantees regarding fundamental rights to be integrated into the overall process. The Regulation on screening obliges member states to establish independent national mechanisms for monitoring compliance with fundamental rights and investigating violations during screening.
In 2025, the Forum analyzed Frontex's screening tools and made recommendations regarding the recognition of statelessness, explaining independent monitoring mechanisms, the possibility of filing a complaint during screening, the availability of interpretation and cultural mediation, guarantees regarding data inquiries and storage of personal data, child protection, identifying and referring vulnerable individuals to relevant procedures, and the right to good administration.
The report also signals the implications for fundamental rights of new IT systems widely used in border management, including the Entry-Exit System, ETIAS, and the new Eurodac. The Forum warns that these technologies can streamline procedures but raise significant human rights implications, including data protection and the right to privacy, which must be closely monitored during implementation.
Regarding ETIAS, the report shows that the main challenges lie in the risk screening methodology, assessing risk criteria before and after application, risks of discrimination and data protection, and access to an effective remedy. The Forum states that, prior to launch, a review of compliance with human rights and an assessment of the impact on data protection is important.
In VEGA operations, which aim to improve the identification of vulnerable individuals, including children, five experts from the Consultative Forum participated in 2025 in activities in four locations: three airports and a border crossing point in Italy, Lithuania, Moldova, and Romania. The experts were present on the ground for eight weeks.
The report mentions positive practices, such as the use of body-worn cameras, prioritizing passport checks for families with young children and for individuals with disabilities. Recurring recommendations include training border police on the rights of unaccompanied children, child-related documents, interaction with vulnerable individuals, referral mechanisms to specialized services, accessible informational materials, and ensuring interpretation and cultural mediation.
In the area of returns, the Forum recommended clearer guarantees for vulnerable individuals, children, stateless persons, and victims of gender-based violence, as well as guidance on the necessity and proportionality of the use of force, separating families only as a last resort, access to interpreters and cultural mediators, the existence of an accessible complaints mechanism, and avoiding stigmatizing language in return materials.
The report also includes data on the context of migration in 2025. According to analyses by the EUAA cited by the Forum, in 2025 approximately 822,000 applications for international protection were submitted in the EU+, 19% fewer than in 2024. At the same time, preliminary Frontex data indicate a decrease of approximately 26% in detections of irregular border crossings.
The report warns that asylum applications and detections of irregular crossings do not always evolve in parallel. For example, applications submitted by Afghans increased by 33%, largely through repeated applications by women already in the EU+, while Venezuelan citizens submitted 91,000 applications, mostly in Spain, but entered as legal passengers without a visa.
The Consultative Forum was established in 2012 and has been operational since January 2013. According to Regulation 2019/1896, its role is to provide Frontex with independent advice on respecting, protecting, and promoting fundamental rights in the agency's activities. In 2025, the Forum was composed of 15 organizations, including the EU Agency for Asylum, the EU Agency for Fundamental Rights, the Council of Europe, the International Organization for Migration, OSCE/ODIHR, OHCHR, UNICEF, UNHCR, and civil society organizations.
The report is published at a time when Frontex has an expanded role in managing the EU's external borders, and the Pact on Migration and Asylum introduces new procedures, including mandatory screening, security checks, health and vulnerability checks, and national mechanisms for monitoring fundamental rights.
The Court of Justice of the European Union issued, on December 18, 2025, two relevant rulings regarding Frontex's accountability. In the case of WS v Frontex, the Court established that the agency has an obligation to respect fundamental rights in joint return operations and to verify the existence of enforceable return decisions. In the case of Hamoudi v Frontex, the Court shifted the burden of proof in cases invoking pushbacks from the victim to Frontex, according to the report.
The Forum believes that these rulings must be taken into account by the European legislator in the future review of the Frontex Regulation, as well as in the new framework regarding returns. The 2025 annual report will be presented to the European Parliament's Committee on Civil Liberties, Justice and Home Affairs, the Council's Working Group on Borders, and other interested parties, upon request.
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