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Parliamentary question - E-000762/2023(ASW)Parliamentary question

Joint answer given by Ms Johansson on behalf of the European Commission


1. The Commission notes that Member States must ensure full implementation and application of EU law in compliance with the Charter[1], including in the management of external borders. Member States are therefore responsible for the investigation and follow up on allegations of fundamental rights violations at their borders.

2. Respect for fundamental rights is a key element of the European integrated border management and the Commission has called on the responsible national authorities to investigate allegations thoroughly and, where substantiated, bring those responsible to justice.

Regarding funding that falls under the Common Provisions Regulation[2], Member States need to put in place mechanisms to fulfil the enabling condition on the effective application and implementation of the Charter. In case of non-fulfilment, they cannot obtain reimbursements of expenditure under 2021-2027 programmes[3]. In case of a verified breach of the Common Provisions Regulation in the implementation of the Funds, the Commission may proceed with financial corrections of expenditure affected by the breach.

3. The Commission is informed that Greece has taken measures and established independent mechanisms[4], which facilitate the investigations and, where necessary, the prosecution of misconduct by the national authorities, including on alleged pushbacks. Regarding the allegations raised, the Commission encourages all stakeholders to submit relevant information to the national authorities and the Commission. With the Pact on Migration and Asylum[5], the Commission proposed to strengthen the monitoring of the respect for fundamental rights, particularly in the context of screening of all third-country nationals arriving at the external borders.

Last updated: 15 May 2023
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