EU growing backlash against migration ECHR must adapt

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The European Convention on Human Rights (ECHR) must evolve in response to mounting political tensions over migration, according to Alain Berset, Secretary-General of the Council of Europe. In a rare interview, Berset emphasized the need for open dialogue and reform, stating, “We are witnessing a world where things are changing rapidly. It is accelerating. We see this, and it means that it is normal that we must also adapt to this. We need adaptation. We need discussion about the rules that we want to have, and there is no taboo.”

 

Berset, a former Swiss president, pointed to growing criticism of the ECHR and the European Court of Human Rights (ECtHR), its judicial body, from across the continent. While defending the convention's core principles, he expressed readiness to discuss reforms. “I see the necessity to adapt but we must also do this respecting our core values,” he said.

 

These remarks invite dialogue with critics of the current system, including figures like UK Home Secretary Yvette Cooper and Italian Prime Minister Giorgia Meloni. Conservative British leader Kemi Badenoch is set to argue that the UK should exit the ECHR altogether, saying: “I have thought long and hard about this, and I am increasingly of the view that we will need to leave, because I am yet to see a clear and coherent route to change within our current legal structures.”

 

Berset extended an open door to discussions, stating, “We need to have political discussions … at the committee of ministers of the CoE, or direct with me because I am in charge of the convention. I’ve always been very open to dialogue with member states at the political level, with heads of state, heads of government, to address all issues. I see and I hear, and it’s clear for me that migration is an important issue at the moment.”

 

Pressure for reform surged following a joint letter signed by leaders from nine European countries, including Italy, Denmark, Austria, and Poland. They called for an “open-minded conversation about the interpretation of the ECHR,” arguing that while the principles remain universal, the scale of migration today demands adaptation. “We now live in a globalised world where people migrate across borders on a completely different scale,” the letter stated.

 

Their concerns focused on what they describe as judicial overreach by the Strasbourg court, particularly regarding deportation and border enforcement. “We believe that the development in the court’s interpretation has, in some cases, limited our ability to make political decisions in our own democracies,” the leaders wrote.

 

The data underscores the problem: more than 70 percent of individuals ordered to leave European countries—including convicted criminals and terrorism suspects—have not been deported. Between 2018 and 2024, only 28 percent of the three million failed asylum seekers and irregular migrants were returned.

 

German politicians Thorsten Frei and Jens Spahn have echoed calls for scaling back the court’s authority. Spahn even suggested that Germany might consider leaving the ECHR if reform fails. In total, 15 EU countries are reportedly aligned in their concern over judicial interpretations, with France among them. However, some, like Spain and Luxembourg, remain skeptical of changing the status quo.

 

A critical case highlighting these tensions involved Abdesalem Lassoued, a Tunisian national who lived illegally in several EU countries despite deportation orders, ultimately carrying out a deadly attack in Brussels in 2023. His case galvanized demands for a tougher EU deportation policy.

 

In response, the European Commission proposed legislation that includes longer bans for deported individuals, detention for security threats, and the controversial idea of “return hubs” outside the EU. Failed asylum seekers will no longer be able to delay deportation through appeals.

 

Berset, sympathetic to the reform agenda, cautioned that negotiations will be difficult. He expressed disappointment that Meloni and Frederiksen, both of whom he knows personally, did not consult him before issuing their letter. “We will have a lot of members of the Council of Europe not ready to open the discussion on this,” he said. “Then, when we open [a] discussion, we know that they [disagree] on a lot of things. That means it will make the whole thing really complicated.”

 

Still, Berset insisted reform should focus on the convention itself rather than court rulings. “In a society governed by the rule of law, no judiciary should face political pressure,” he said. “To address the case law of the court is the wrong way because it puts in question the independence of the courts.” He concluded, “When we have a government not really happy with case law, it is always possible to change the rules, to change the law, and the discussion must be in this direction.”

 

  Adapted by ASEAN Now from The Times  2025-06-07

 

 

[Kinok Farang]

If theyre black,send em back.