The Need to Establish an EU Ombudsman for Migrants as a Consequence of Administrative Decentralisation
The Need to Establish an EU Ombudsman for Migrants as a Consequence of Administrative Decentralisation

Summary/Abstract: In recent years, the humanitarian management of migration has become a challenge for the European Union. Pursuantto the treaty provisions on shared competences within the Area of Freedom, the European Union largely complies with the normsof migration law, which are subsequently implemented into the laws of the Member States. As claimed by the paper, the protectionof migrants’ fundamental rights is not ensured effectively due to the decentralisation of competences for protective actions betweena plethora of administrative institutions and bodies of the EU and of member states insofar as they implement the EU law. The paperanalyses the fundamental rights guarantees operating in the EU system, with a particular focus on guarantees for the protectionof the fundamental rights of migrants. The main body of the paper explores the issue of dispersion of competences regarding migrantrights protection measures between different EU bodies, with most of them vested with limited powers to adopt protective measures(the EU Agency for Fundamental Rights, the Consultative Forum under the EU Asylum Agency). The analysis conducted clearlyindicates the need to strengthen existing guarantees in primary and secondary law for the protection of migrants’ rights in termsof their implementation and execution by both the EU and national administrations. The establishment of the EU Ombudsman forthe Protection of Migrant Rights, with specific powers, functions and duties, would definitely remedy this situation and facilitateharmonisation of protective actions in the European Union and standardisation of administrative procedures in Member States

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