Ombudsplan 2027 - The EU Pact on Migration and Asylum and the role of independent monitoring

Ombudsplan 2027 - The EU Pact on Migration and Asylum and the role of independent monitoring

Published September 16, 2026

The EU Pact on Migration and Asylum entered into force on 12 June 2026, following a two year transition period for preparation and national implementation. It brings together ten legislative instruments intended to reshape the way migration, asylum and border procedures are managed across the European Union.

A central challenge in implementing the Pact is to balance efficiency and responsibility with the protection of fundamental rights. The success of the new framework will depend on whether Member States can manage migration more effectively while continuing to uphold the rights of persons seeking international protection.

Among the ten legal instruments forming part of the Pact, Regulation (EU) 2024/1356, known as the Screening Regulation, is of particular relevance to the Office of the Ombudsman.

The Screening Regulation introduces a structured pre-entry screening procedure for irregular third country nationals, persons applying for international protection at the external borders, and persons disembarked following search and rescue operations.

The screening process includes identity verification, security checks, health and vulnerability assessments, biometric registration and referral to the appropriate procedure. It is also intended to identify, at an early stage, persons in vulnerable situations, including children, victims of human trafficking and persons with special needs.

Independent monitoring as a safeguard

Article 10 of the Screening Regulation requires Member States to establish an Independent Monitoring Mechanism.

The purpose of this mechanism is to monitor compliance with fundamental rights during screening procedures at the external borders. Its role is therefore not incidental. It is intended to provide independent oversight at a stage where persons may be particularly vulnerable and where decisions can have significant consequences.

The mechanism is required to monitor compliance with Union and international law, including the Charter of Fundamental Rights of the European Union. Particular attention is given to access to the asylum procedure, the principle of non-refoulement, the best interests of the child and rules concerning detention.

The mechanism must also ensure that substantiated allegations of breaches of fundamental rights during screening are addressed effectively and without undue delay. Where necessary, investigations into such allegations must be initiated and their progress monitored.

The Regulation leaves Member States free to determine the institutional structure of the mechanism. What is not optional is the establishment of the mechanism itself and the safeguards required to ensure its independence.

The role of the Ombudsman

Article 10(2) of the Screening Regulation expressly provides that national Ombudspersons and national human rights institutions shall participate in the operation of the Independent Monitoring Mechanism. They may also be entrusted with carrying out all or part of its functions.

This provision gives the Office of the Parliamentary Ombudsman a clear role within Malta’s implementation of the Screening Regulation.

The involvement of the Ombudsman is consistent with the nature of the institution. Independent oversight, protection against maladministration, scrutiny of public authorities and the safeguarding of the rights of persons are already central to the Ombudsman’s mandate.

The Independent Monitoring Mechanism must also maintain close links with other relevant bodies, including international organisations, non-governmental organisations, independent public bodies and data protection authorities.

The European Union Agency for Fundamental Rights has also been tasked with providing guidance to Member States on the establishment and independent functioning of these mechanisms. Member States may seek its support on safeguards for independence, monitoring methodology and training.

The position of the Office of the Ombudsman

On 6 August 2026, the Parliamentary Ombudsman wrote to the Permanent Secretary of the Ministry for Home Affairs and Security regarding Malta’s implementation of the Screening Regulation.

The Ombudsman referred specifically to Article 10(2) and noted that, at that stage, the Office had not been informed about the appointment of Malta’s Independent Monitoring Mechanism and had not been called upon to participate in its operation.

Given the importance of the matter, the Office requested a prompt response. The correspondence was also copied to the Minister for Home Affairs and Security, the Prime Minister and the Principal Permanent Secretary.

As recorded in Ombudsplan 2027, no response had been received by the date on which the Ombudsplan was presented to the Speaker of the House of Representatives.

The Office will continue to pursue the matter.

Why this matters

Independent monitoring is an important safeguard within the new migration framework. Screening procedures must be efficient, but efficiency cannot come at the expense of legality, dignity or fundamental rights.

The participation of an independent Ombudsman strengthens confidence in the process by ensuring that screening procedures are subject to oversight by an institution that is structurally separate from the authorities carrying them out.

The implementation of the Pact therefore presents both an administrative and a rights based challenge. The Independent Monitoring Mechanism is one of the principal safeguards intended to ensure that border management remains consistent with the rule of law and with Malta’s obligations under European and international law.

For the Office of the Ombudsman, the issue is clear. The Screening Regulation provides for the participation of national Ombudspersons in the independent monitoring process. The Office will continue to seek the effective implementation of that requirement in Malta.