CoE declares on swift deportation of criminals
All 46 member states of the Council of Europe have today adopted a far-reaching political declaration on migration.
The agreement aims to increase the leeway national governments have when deporting foreign criminals and processing asylum applications.
The declaration was finalised (15 May) during a ministerial summit in the Moldovan capital, Chișinău.
While the declaration is not legally binding on the European Court of Human Rights (ECtHR), it signals a shift in political consensus across the continent.
It follows a year of institutional negotiations triggered by an open letter from leaders of several countries, including Denmark, Italy, Belgium, Austria, Czechia, Estonia, Latvia, Lithuania, and Poland.
On 22 May 2025, the joint letter called for a “new and open-minded conversation” about how the ECtHR interprets human rights.
Eroding public trust
Those governments argued that 'significant and complex' and 'unforeseen' modern migration challenges have evolved significantly since the European Convention on Human Rights (ECHR) was drafted in the post-WWII era, and that a failure to adapt risks eroding public trust in the human rights system.
Globalised world migration is now of a different order of magniture, it said, and while some migrants had willingly integrated, "others have come and chosen not to integrate, isolating themselves in parallel societies and distancing themselves from our fundamental values of equality, democracy and freedom."
'Decide to commit crimes'
The letter continues: "In particular, some have not contributed positively to the societies welcoming them and have chosen to commit crimes. It is beyond our comprehension how some people can come to our countries and get a share in our freedom and our vast range of opportunities, and, indeed, decide to commit crimes.
"Although this concerns only a minority of immigrants, it risks undermining the very foundation of our societies. It harms the trust between our citizens and it harms the trust in our institutions."
Today's text establishes that while the fundamental rights of migrants must be protected, national governments possess an "undeniable sovereign right" to control foreign nationals' entry and residence.
Domestic authorities 'better placed'
It states that domestic authorities are "fundamentally better placed" than an international court to evaluate local security conditions, granting them a broader 'margin of appreciation' when implementing the convention.
A central focus of the text is the application of article 8 of the convention, which guarantees the right to a family and private life.
Critics have long argued that Strasbourg judges frequently block the deportation of foreign-born violent criminals because the individuals claim to have family ties in their host countries.
Legitimate public interest
The declaration clarifies that states may expel foreign nationals despite article 8, provided the measure is lawful and serves a legitimate public interest, such as national security, public safety, or the prevention of disorder and crime.
The agreement also introduces specific provisions regarding article 3, which absolutely prohibits torture and inhuman or degrading treatment.
Under the new text, national authorities retain the ability to assess the "minimum level of severity" required to constitute ill-treatment based on individual circumstances.
It stipulates that a lower standard of healthcare in a receiving country should not be a factor used to prevent extradition or deportation.
Modern asylum challenges are also addressed, including the concept of return hubs or third-country centres where failed asylum seekers can be sent pending deportation.
Additionally, the declaration addresses the 'instrumentalisation' of migration by hostile states, referencing allegations that Russia and Belarus deliberately funnel migrants toward eastern European borders.
Migrant behavior
The text notes that a migrant's behavior during irregular border crossings may be factored into assessments of state compliance.
Ahead of the summit, activists issued a joint letter warning against the dilution of human rights standards.