On 6 May, the Frontex Consultative Forum on Fundamental Rights released its 13th annual report, summarising its 2025 observations and recommendations for Frontex, the European Border and Coast Guard Agency, and its Management Board. The Division on Migration and Refugees represents the Council of Europe in the Consultative Forum.
Key Highlights for 2025: Implementation of the EU Screening Regulation: Throughout 2025, the Forum provided in-depth advice on the Frontex Screening Toolbox to ensure compliance with fundamental rights ahead of the 12 June 2026 implementation date. This included co-hosting a seminar with the Global Campus of Human Rights to address implementation challenges with national authorities, national human rights institutions, Frontex and its Fundamental Rights Officer, and civil society organisations.
Operational Accountability and Article 46: The Executive Director did not apply Article 46 of the Frontex Regulation—which allows for the suspension or termination of activities due to serious rights violations—during 2025. However, landmark rulings by the European Court of Justice (ECJ) in late 2025, specifically Hamoudi v. Frontex and WS and Others v. Frontex, have recalibrated the Agency’s liability. The Court clarified that Frontex has an independent obligation to verify the lawfulness of operations, such as return decisions, and cannot rely solely on Member State authorisations.
Strengthening Safeguards: For 2026, the Forum emphasises that the Executive Director should more closely follow the advice of the Fundamental Rights Officer. This includes introducing specific thresholds and mitigating measures in operational plans as a condition for Agency support.
Debriefing Activities: The report highlights concerns of the Consultative Forum on the overall handling of Frontex debriefing activities. While they are essential for gathering intelligence on smuggling networks, these activities present inherent fundamental rights risks that require stricter oversight.
The 2025 Annual Report reinforces the Forum’s commitment to transparency and a rights-respecting approach to European border management.
The full report is available here: Annual Report 2025
