The Council of Europe has just given states the green light to send asylum seekers to third countries for processing and to set up return hubs outside its borders. The declaration, adopted in Chișinău after an initiative by Italy and Denmark, won the backing of 27 governments and a warm welcome from Brussels. Rights groups say the move puts the independence of Europe’s top human rights court at risk.
The declaration, adopted during the 135th ministerial session of the Council of Europe’s Committee of Ministers, formally upholds the European Convention on Human Rights as the cornerstone of the system. It nonetheless gives states explicit room to pursue offshore processing and return hubs, tools previously seen as legally contentious under the Convention.
The text recognises the ‘sovereign right’ of states to control borders and argues that failing to manage migration risks eroding public trust in human rights institutions. The Commission welcomed it as consistent with its agenda under the upcoming Pact on Migration and Asylum.
Tougher rules, formal safeguards
Two passages define the declaration’s core approach. States hold “the undeniable sovereign right to control the entry and residence of foreign nationals” and must be able to “adopt new approaches to address and potentially deter irregular migration”, including offshore asylum processing, return hubs in third countries, and closer cooperation with transit countries.
The declaration lists several objectives: expelling foreign nationals convicted of serious offences, clarifying the threshold for inhuman treatment, ensuring protection procedures even during mass arrivals, and countering the use of migration as a tool to destabilise the EU. States also commit to upholding the independence of the European Court of Human Rights and complying with its rulings. Dedicated sections address Articles 3 and 8 of the ECHR, covering the prohibition of torture and the right to private and family life, and how both apply to migrants on Council of Europe member states’ territory.
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The initiative began in May 2025 with an open letter from Italy and Denmark expressing reservations about how the European Court of Human Rights handles migration cases. Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania, and Poland were among the early signatories. By the end of 2025, the letter had gathered 27 of the organisation’s 46 member states.
Critics warn the declaration risks shifting responsibility away from member states while weakening the fundamental guarantees of the European Convention on Human Rights. The Commission, for its part, frames the ECHR as a “living instrument, which needs to be interpreted in the light of present-day realities”, framing that rights groups say gives political cover to precisely that shift.
Human rights at risk
Rights groups had warned against the declaration even before its adoption. In a joint open letter, Amnesty International, the International Federation for Human Rights, and the International Commission of Jurists argued it could undermine the independence, impartiality, and authority of the European Court of Human Rights, as well as the universality of human rights.
Attempts to weaken the Convention’s safeguards, including in the context of migration, risk creating dangerous gaps in the Convention system
— Amnesty International, FIDH, and ICJ, joint open letter to the Council of Europe
“Attempts to weaken the Convention’s safeguards, including in the context of migration, risk creating dangerous gaps in the Convention system and undermining the Court’s ability to fulfil its mandate with the authority and independence required for the effective protection of human rights,” the letter concluded.
Although non-binding, the declaration carries significant political weight. With 27 governments behind it and Brussels on board, it will put pressure on the Court’s judges. The broader debate over the ECHR’s future is far from settled.
