The European Union’s recent reform of its migration policy has reopened the debate over how to reconcile more effective management of the EU’s external borders with the protection of fundamental rights. Costas Isychos, former Alternate Minister of National Defence of the Hellenic Republic and former Member of the Hellenic Parliament, has warned against “double standards” in the implementation of European migration policies and the and stressed the need to preserve the legal safeguards that underpin the rule of law.
“Europe has both the right and the responsibility to manage its borders effectively. However, that effectiveness cannot be measured just by the number of returns, but also by the ability to ensure that every decision fully respects fundamental rights and the rule of law. The European Union’s true strength lies precisely in that consistency,” Costas Isychos states.
The European Commission maintains that the new measures are a response to a long-standing need to improve the effectiveness of the EU’s return system through faster and more harmonized procedures across Member States. The last reform is part of the Pact on Migration and Asylum, adopted in 2024 and implemented from June 2026, with the aim of strengthening European coordination and reducing national disparities in migration management.
However, a number of international bodies and human rights organizations have expressed their concern over some main points of the reform. Among the most debated issues are the extension of administrative detention periods, the possibility of establishing return centres outside the territory of the European Union, and the tightening of certain removal procedures.
The Office of the United Nations High Commissioner for Human Rights (OHCHR) and Human Rights Watch have emphasized the importance of ensuring that these measures are accompanied by adequate oversight mechanisms to prevent potential violations of the principle of non-refoulement, which prohibits returning individuals to countries where they may face persecution, torture, or any other human rights violations.
According to Isychos, the challenge is not simply to increase the efficiency of return procedures, but it is also necessary to demonstrate that this objective can be achieved without compromising the principles that define the European project.
“The European Union cannot demand respect for international law beyond its borders while raising doubts about the application of those very same principles within them. Security and fundamental rights are not competing objectives; they are both essential conditions for a migration policy to be sustainable and legitimate,” the former Greek minister argues.
Key priorities for a coherent European Migration Policy
According to Isychos, building an effective migration policy requires progress in five key areas:
- establishing common management of the EU’s external borders;
- ensuring asylum procedures with effective legal safeguards;
- strengthening cooperation with countries of origin and transit to combat human trafficking and migrant smuggling networks;
- enhancing solidarity mechanisms among Member States to ensure a fair sharing of responsibilities;
- creating independent mechanisms to assess the impact of new measures on fundamental rights both before and after their implementation.
The evolution of European migration policy — from the 2015–2016 migration crisis to the reforms — reflects the European Union’s efforts to build a more coordinated system. Nevertheless, Isychos argues that the EU’s international credibility will ultimately depend on its ability to demonstrate that more effective migration management can be achieved without compromising international protection, the rule of law, or the Charter of Fundamental Rights of the European Union. .
