Fundamental rights of refugees, asylum applicants and migrants at the European borders

Fundamental rights of refugees, asylum applicants and migrants at the European borders

Comments:
Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures. In recent weeks, states in Europe have taken measures to protect their borders to address public order, public health, or national security challenges. This note summarises some key safeguards of European law as they apply at the EU’s external borders, bearing in mind that relevant CoE instruments apply to all borders.

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