The Council of Europe has criticized the leaders of nine European countries for calling on the European Union to revise its deportation system and urging the European Court of Human Rights to reinterpret the European Convention on Human Rights. “In a society governed by the rule of law, no judicial authority should be subjected to political pressure,” said Council of Europe Secretary General Alain Berset.
He criticized European leaders for trying to subject the institutions that protect fundamental rights to political changes. Berset also condemned the leaders of nine EU countries for requesting that the European Court of Human Rights alter its interpretation of the European Convention on Human Rights, stating that the Court should not be used as a tool against European leaders or vice versa.
The Council of Europe, an independent organization separate from the European Union, is dedicated to promoting democracy, the rule of law, and human rights across 46 European countries. It views the European Court of Human Rights as a crucial pillar for safeguarding the rights and values of EU member states. The Council has cautioned against any actions that could compromise the court’s independence and integrity. The President of the Council emphasized that the European Court is the sole entity addressing human rights violations in the context of the Russian war against Ukraine.
The Council of Europe’s criticism came in response to an open letter sent by nine European countries to the European Union. In the letter, the leaders called for reforming the EU’s deportation system to make it easier to deport migrants involved in criminal activity. They also urged the European Court of Human Rights to reinterpret the European Convention on Human Rights. The initiative for the letter was led by Denmark and Italy, and it was co-signed by Austria, Poland, Belgium, Latvia, Estonia, and Lithuania.
The European Court of Justice has issued several rulings against measures taken by European countries to combat irregular migration. Notably, in 2022, the court stopped the deportation of British migrants to Rwanda. Additionally, Italian courts have referenced these rulings to prevent the deportation of migrants from Italy to reception camps in Albania.
Several European Union countries are seeking a major shift in the EU’s migration policy, aiming to remove the legal barriers that currently impose numerous conditions on the deportation of migrants. According to the open letter sent by the nine countries to the European Union, the international landscape has changed drastically, and migrants are now crossing Europe’s borders on a large scale. The letter stated, “It is time to initiate a discussion on how international agreements can address the challenges of our time.” It also noted that the European Court’s interpretation of the European Convention on Human Rights has led to “the protection of the wrong individuals in certain deportation cases.”
