Right of access in the Report about Situation of fundamental rights in the EU 2004-2008

Texts adopted Wednesday, 14 January 2009 - Strasbourg

Situation of fundamental rights in the European Union 2004-2008

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Detention and readmission agreements

108. Is concerned at the fact that, for several years, there has been an increase in the number of detention centres for foreign nationals in Member States and at their borders ; on the basis of a host of reports, including those by delegations from its Committee on Civil Liberties, Justice and Home Affairs, which condemn frequent violations of human rights, calls for the following actions to be taken :

-  ensuring access for NGOs specialising in protecting the fundamental rights of migrants and asylum-seekers so that their presence at detention centres is enshrined in law and not simply the result of good will ;

-  setting up an independent verification body at European level with responsibility for supervising detention centres as regards the protection of human rights ;

-  asking the Agency for an annual report analysing the situation of individuals placed in detention centres under the authority of Member States, within or outside their borders, and to submit it to Parliament ;

109. Is concerned at the fact that, since 2002, readmission clauses have been included in most bilateral agreements concluded by the EU with third countries, including trade agreements, thus resulting in increasing externalisation of the Union’s migration policy, which is characterised by insufficient parliamentary oversight at both European and national level ; calls therefore on the Commission and the Council to involve Parliament at an early stage in negotiations on such agreements and to report to it regularly on the number of individuals expelled from the EU on the basis of those clauses ;