Decision of the European Ombudsman in the joint inquiry into complaints 506-509-674-784-927-1381/2016/MHZ against the European Commission concerning a human rights impact assessment in the context of the EU-Turkey Agreement

The issue in this case is whether the European Commission should carry out a human rights impact assessment in the context of an agreement signed between the EU and Turkey on 18 March 2016. The agreement concerns the return of irregular migrants in Greece to Turkey; it provides that for every Syrian being returned to Turkey, another Syrian is to be resettled to the EU. The complainants, Spanish NGOs and individual citizens, informed the Commission of alleged violations of the human dignity and fundamental rights of persons affected by the agreement (irregular migrants and asylum seekers, in particular women and children.) This is why they believe such a specific assessment is necessary. The Commission takes the view that, on the one hand, such an assessment is not required for the agreement because of its political nature; and on the other hand, the Commission’s Communication of 16 March 2016, and its subsequent reports on the progress made in the implementation of the agreement, constitute such an assessment. 

The Ombudsman takes the view that the political aspect of the Agreement does not absolve the Commission of its responsibility to ensure that its actions are in compliance with the EU’s fundamental rights commitments. The Ombudsman believes that the Commission should do more to demonstrate that its implementation of the agreement seeks to respect the EU’s fundamental rights commitments. The Ombudsman closes the case with a suggestion to the Commission that it deal more explicitly with the human rights implications in its future reports on the agreement