5.5. Protection of fundamental rights
The EUAA Regulation introduced provisions to ensure that the Agency’s tasks fully adhere to fundamental rights, including the appointment of a Fundamental Rights Officer (FRO) who reports to the Agency’s Management Board and is responsible for the development of the Agency’s Fundamental Rights Strategy. The regulation also provides for the establishment of a complaints mechanism to respond to claims of breaches of fundamental rights in the context of the Agency’s operations.
The Agency’s first FRO was appointed in May 2023. During the year, the FRO undertook three on-site visits to operational sites in Cyprus, Greece and Malta and provided his observations. He also presented the foundation for an accessible complaints mechanism, while an ‘escalation process’ would enable the Executive Director, after consulting with the FRO and informing the host Member State, to suspend or terminate, in whole or in part, the deployment of Asylum Support Teams when it is considered that there are violations of fundamental rights or international protection obligations by the host Member State that are of a serious nature or are likely to persist. Consultations were also held with the European Commission in view of the adoption of the mechanism, which is expected in 2024.