It’s time to move toward human rights compliance by design, learning from what has failed elsewhere to build what can work here.
#Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 12/12
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We must stop 'sleepwalking' into legal and ethical crises. We cannot just wait for the courts to tell us that what is being discussed is unlawful.
#Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 11/12
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✅ Refrain from transferring people to countries with which they have no connection, and from applying “safe country” concepts in ways that do not grant adequate value to individual circumstances. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 10/12
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✅ Respect the right to liberty: Locking people up is expensive, inefficient, and destroys the trust needed for successful policy. Alternatives to detention exist and should get priority. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 9/12
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✅ Avoid risk of refoulement: By ensuring adequate access to remedy, rather than rushed appeal processes with no suspensive effect. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 8/12
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✅ No responsibility shifting: States cannot abdicate their legal duty to honour the right to seek asylum through third-party arrangements. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 7/12
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✅ Human rights by design: Impact assessments, risk mitigation strategies and independent human rights monitoring must be hardwired into the system, not added as an afterthought. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 6/12
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✅ Transparency and accountability: Arrangements with partner countries must be treaty-based and publicly accessible—not informal handshakes. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 5/12
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The European Commission, as Guardian of the EU Treaties, has a key role to play in protecting asylum & other human rights.
#Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 4/12
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✅ Precaution: States must keep their eyes wide open to potential negative impacts on human rights, and act based on facts rather than false assumptions. #Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 3/12
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Particular care is necessary when states attempt to externalise return procedures, an area replete with human rights risks.
Based on global experience, I set out a few guardrails 👇
#Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 2/12
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At @ceps.eu IdeasLab’s panel on returns & externalisation, I explained that although effective returns are necessary for a functional protection system, states must remain in full compliance with international law.
#Migration #HumanRights #EUReturnsRegulation #RuleOfLaw #cepslab2026 1/12
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"Human rights are the foundation of a functioning migration system, not an obstacle to it." 3/3
Read my Observations 👇
www.coe.int/en/web/commi...
#HumanRights #asylum #migration #EUReturnsRegulation
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European states should: ✅ Provide adequate procedures and remedies ✅ Ensure mandatory risk assessments ✅ Prioritise voluntary returns ✅ Limit the use of detention
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Read my Observations 👇
www.coe.int/en/web/commi...
#HumanRights #asylum #migration #EUReturnsRegulation
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