FRA report highlights role of independent monitoring in protecting fundamental rights at EU borders

FRA report highlights role of independent monitoring in protecting fundamental rights at EU borders

Published October 21, 2026

he European Union Agency for Fundamental Rights (FRA) has published its latest report, EU-mandated migration-related fundamental rights monitoring and investigations: Update 2026, examining how fundamental rights are monitored in the areas of asylum, border management and returns across the European Union.

The report also looks at investigations into alleged fundamental rights violations at borders and highlights the increasingly important role of independent national monitoring bodies, including national human rights institutions and Ombudsman institutions.

FRA stresses that independent monitoring is particularly important in areas where public access and scrutiny are limited, such as borders, detention facilities and return operations. Effective monitoring can help prevent violations, strengthen transparency and accountability, support investigations and enhance public confidence in the authorities concerned.

Independent monitoring under the EU Pact on Migration and Asylum

Under Article 10 of the Screening Regulation and Article 43(4) of the Asylum Procedure Regulation, Member States are required to establish independent mechanisms to monitor compliance with fundamental rights during the screening of third country nationals and asylum border procedures.

FRA underlines that monitoring bodies must be independent, have unrestricted access to relevant locations and documents, and be provided with adequate resources. The requirements became applicable with the Pact in June 2026.

By 1 September 2026, 22 Member States had designated or appointed a national monitoring mechanism. FRA reports that Malta was among five Member States, together with Hungary, Italy, Poland and Sweden, where a national entity had not yet been formally designated or where legislation appointing one was not pending.

In its country overview, FRA notes that the Maltese authorities had identified the Monitoring Board for Detained Persons as the likely entity to undertake the monitoring role, although it had not yet been formally appointed at the reporting date. The Board already acts as Malta’s National Preventive Mechanism and monitors forced returns.

The report is particularly relevant to Ombudsman and national human rights institutions. FRA notes that Article 10(2) of the Screening Regulation expressly provides for national human rights institutions, including Ombudspersons, to participate in monitoring mechanisms and allows them to be appointed as monitors. According to FRA, this can help ensure that monitoring is carried out by institutions with established independence and human rights expertise.

Monitoring forced returns

The report also examines the monitoring of forced returns. EU law has required Member States to maintain an effective forced return monitoring system since the adoption of the Return Directive.

FRA notes continuing concerns across the EU about the independence and effectiveness of some monitoring arrangements. It also stresses that monitoring findings should be made public as an important element of transparency and accountability.

In relation to Malta, FRA reports that, by the end of August 2026, no public report containing findings from Malta’s forced return monitoring activities for 2025 had been issued. Malta was among a number of Member States where such findings were not publicly available. At the same time, Malta’s monitoring body was among those which considered that the information received in advance of return operations was timely and sufficient.

At EU level, FRA identifies the use of restraint measures during return operations as an important fundamental rights concern. It reiterates that restraints should be used only where necessary and proportionate, following an assessment of the circumstances of the person concerned, rather than as an automatic preventive measure.

Investigating alleged violations at borders

A further part of the report focuses on the effectiveness of investigations into alleged violations of fundamental rights at the EU’s external borders.

FRA recalls that Article 47 of the EU Charter of Fundamental Rights guarantees the right to an effective remedy and that the Screening Regulation requires allegations of fundamental rights violations connected with screening procedures to be investigated effectively and without undue delay.

Between 2020 and 2025, FRA identified at least 322 preliminary criminal investigations across 12 Member States into alleged rights violations at borders. Only nine resulted in convictions. FRA cautions that the available information is incomplete and that significant difficulties remain in obtaining evidence and conducting effective investigations.

For Malta, the report records one judicial investigation during this period, based on information obtained from civil society, concerning alleged wilful homicide and attempted wilful homicide connected with a delayed rescue operation. FRA notes that it did not receive information on this case directly from the national authorities.

More broadly, FRA concludes that gaps remain in ensuring prompt and effective investigations of alleged violations at borders. It warns that insufficient follow up can undermine access to justice and weaken confidence in fundamental rights protection mechanisms.

Strengthening independent oversight

The 2026 update demonstrates the growing importance being placed at EU level on independent oversight of migration and asylum procedures.

FRA identifies legal clarity, sufficient resources and effective access to facilities, documents and information as essential conditions for monitoring bodies to carry out their functions independently and effectively. It also points to the importance of coordination between monitoring institutions, public authorities and other relevant actors.

For Malta, the report provides an important snapshot of the implementation of the new monitoring obligations under the Pact. It also reinforces the broader principle that effective fundamental rights protection requires monitoring arrangements which are independent, properly resourced and capable of scrutinising State activity in areas where persons may be particularly vulnerable.

The findings are of particular relevance to Ombudsman institutions, which increasingly form part of the European framework of independent oversight aimed at ensuring that migration and border procedures are carried out in accordance with fundamental rights, the rule of law and the principles of good administration.