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Putting an end to collective expulsions of aliens

Other author
Parliamentary Assembly
Session
2025 - Second part-session

Summary

The Parliamentary Assembly of the Council of Europe expresses concern about the growing divergence between international law and the practice of member States as regards collective expulsions of migrants, which are prohibited under Article 4 of Protocol No. 4 of the European Convention on Human Rights. Collective expulsions constitute a major challenge to the rule of law and fundamental human rights standards, notably to non-refoulement and the absolute prohibition of torture. The Assembly emphasises the importance of individual assessments to prevent collective expulsions and expresses concern about the expansion of the legal fiction of non-entry. It underlines that the instrumentalisation of migrants by States for political ends is unacceptable and that the protection of national security should not justify weakening human rights standards. Recalling the conditions in law and in practice that must be met to guard against the risk of a condemnation by the European Court of Human Rights for violating the prohibition of collective expulsions of migrants, the report recommends a series of measures to member States aimed at preventing these, in particular the establishment of pathways for regular migration and monitoring of respect for human rights in border areas by granting free access for the actors involved. Furthermore, the report insists on the adoption of national action plans for the implementation of the European Pact on Migration and Asylum in accordance with the 1951 Convention relating to the Status of Refugees and other relevant international human rights standards, as well as the provision of sufficient resources for their implementation.The Assembly urges the member States of the Council of Europe to enforce the Court's rulings on collective expulsions. It advocates for a coherent European approach to reception and integration, and concrete measures to protect the best interest of unaccompanied children.

Voting results

79 in favor 44 against 2 abstentions