46 Council of Europe Nations Issue Declaration on Migration, Deportation, and Asylum

Forty-six Council of Europe countries, including Ireland, have issued a political declaration in Chişinău, Moldova, that could influence how judges handle migration cases. The declaration emphasizes national governments' sovereign right to control entry and residence of foreign nationals while respecting fundamental rights. It is seen as a critical moment in the relationship between Council of Europe members and the European Court of Human Rights (ECHR), which has faced pressure over rulings that allegedly frustrate national efforts to deport violent criminals.

The declaration, a joint initiative led by Denmark and Italy, addresses challenges like the inability to expel individuals convicted of serious offenses, which can weaken public confidence. It clarifies that a lower standard of healthcare in a receiving state should not prevent extradition. While the prohibition of torture under Article 3 is absolute, national authorities can assess the minimum severity of ill-treatment. Regarding Article 8 (right to private and family life), the declaration states that foreign nationals can be expelled if it aligns with law and is necessary for legitimate aims like national security or public safety, making expulsions easier under certain conditions.

The declaration also mentions return hubs for failed asylum seekers and the “instrumentalisation” of migration by hostile states like Russia and Belarus. Critics, including 90 Irish civil society groups, academics, and activists, warned that diluting European human rights law could undermine the Good Friday Agreement, as the European Convention on Human Rights is integral to it. However, sources confirm the declaration is not binding on the ECHR but allows judges a broader margin of appreciation in domestic implications of court decisions.