Returns, border control, and new approaches: the Council of Europe’s declaration on migration

Brussels – “States have the undeniable sovereign right to decide on and control entry into and residence of foreign nationals within their territory,” and “they may establish their own migration policies,
potentially in the context of bilateral or regional co-operation. However, these rights must be exercised in accordance with the provisions of the Convention,” and “it is important that States, including those that are exposed to mass arrivals, can pursue new approaches to address and potentially deter irregular migration,” processing requests for international protection in a third country, third-country “return hubs”, and co-operation with countries of transit.” These are some excerpts from the policy statement on migration adopted today (15 May) by the foreign ministers of the 46 member states of the Council of Europe at the Annual session of the Committee of Ministers of the Council of Europe in Chișinău, Moldova.

“Crucially, we have been able to bring together countries across Europe, with different views and experiences, to agree a common position on how the system should work best, notably in the challenging context of migration,” said the Secretary General of the Council of Europe, Alain Berset. “Looking ahead, this will help guide our work, as well as that of national authorities and domestic courts,” he noted. The Council of Europe’s political declarations are formal documents adopted by the organisation’s governing bodies to express a common position, to guide policy, or to respond to urgent issues concerning human rights, democracy, and the rule of law in Europe. The text adopted today is the result of an initiative launched by Italy and Denmark in May 2025 and endorsed by Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania, and Poland. It took the form of an open letter in which the countries expressed their reservations about how the European Court of Human Rights adjudicates cases involving migrants. Today’s text reaffirmed the central role of the European Convention on Human Rights and the European Court of Human Rights in Strasbourg in the context of migration. However, it also emphasises that “there are significant, complex, migration-related challenges in various member States, which were
either unforeseen at the time the Convention was drafted or have evolved significantly since then. The
failure to address these challenges adequately may weaken public confidence in the Convention system.”

Adopted in 1950, the Convention is the fundamental instrument for the protection of migrants in Europe, guaranteeing inalienable rights against arbitrary refoulement, torture, and inhuman treatment, as well as the right to private and family life. On this point, the Council of Europe’s statement reaffirms “the Member States’ commitment to respecting it” and “their support for the independence” of the Strasbourg Court. It further specifies that in “balancing the general interest of the community with individual rights,” “the primary responsibility for implementing the Convention” lies with the Member States, while the Court will act as the ultimate guarantor should “the rights and freedoms of individuals not be guaranteed at the national level.”

The Council of Europe also mentions the challenges linked to “the exploitation of migration by hostile actors,” those “posed by mass arrivals,” and “the adoption of appropriate decision-making processes”, as well as new approaches that are emerging, such as return hubs, to address and potentially deter irregular migration. It therefore considers it necessary to “maintain an open, informed and constructive dialogue” within the system, in order to strengthen public trust and enhance the credibility of the Convention’s regulatory framework.

Finally, the declaration, in which the States undertake to uphold the independence of the European Court of Human Rights and to comply with its judgments, also contains two specific sections on the safeguards guaranteed by Article 3 (prohibition of torture and inhuman or degrading treatment or punishment) and Article 8 (right to respect for private and family life) of the European Convention on Human Rights and their application in cases concerning migrants present on the territories of the member states of the Council of Europe.

The negotiations leading to the adoption of the document were launched during an informal conference of Council of Europe ministers, held on the initiative of Secretary General Berset in Strasbourg last December. “Looking ahead, this will help guide our work, as well as that of national authorities and domestic courts,” the Secretary General reiterated.

According to the European Union Commissioner for Home Affairs and Migration, Magnus Brunner, “today’s statement represents an important step towards promoting security and people’s fundamental rights”. On X, he added: ” It strengthens our approach to a fair and firm migration policy. And we are actively contributing to it at all levels – the UN, the CoE, and within the EU.”