As part of a proposed new Screening Regulation under the Pact on Migration and Asylum, the European Commission is envisioning the establishment of an independent monitoring mechanism (IBMM) to investigate allegations of fundamental rights violations at borders. In the words of the European Council, an “independent monitoring mechanism, to be set up by member states, [will, among other things, monitor] compliance with the principle of non-refoulement […].”
As EU institutions are considering a new screening regulation and other legislative proposals, human rights advocates have identified preconditions for effective monitoring. The proposed mechanism has the potential to address violations but only if it is expanded in scope; independence is ensured; accountability for violations is strengthened; and suitable consequences follow governments’ non-compliance.
The objective of this study is to use the good-practice example of EU MS to demonstrate how the above-mentioned principles of effective monitoring can be applied in practice. By outlining elements of independent border monitoring currently in place, evaluating the extent to which they meet set criteria (scope, independence, accountability, consequences) are met, and identifying elements of success that can be transferred to other Member States, the ongoing debate on border monitoring at national and EU levels should be informed.
• Description of existing IBMM (migration context, esp. at border(s); legal framework; institutions that are monitoring; methodologies that are being applied)
• Analysis of existing IBMM against set of criteria (ECRE, ENNHRI), esp. regarding its scope, independence, accountability, and consequences (political and financial costs)
• Identification of transferable elements, if possible, in regard to the situation in specific EU MS
• Advanced degree in law (esp. human rights law), migration studies, international relations, or related areas.
• Demonstrable experience in the field of the human rights of migrants, especially on issues related to the protection of migrants' human rights at international borders.
• Proven research skills and experience in border management and law enforcement, ideally with extensive experience in (selected EU MS).
• Excellent written and verbal communications skills and an ability to produce good quality documents, information for a variety of audiences and communicate clearly.
• Fluency in both written and spoken (language of selected EU MS) and English.
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