The letter’s signatories – including Italy, Austria, Denmark, and Poland – call for an “open-hearted conversation” about how the European Convention on Human Rights is applied. They believe this convention, and especially its interpretations by European judges, too often practically obstruct the deportation of people without residence status.
The nine countries want to formalize this debate at an upcoming European summit, but it remains unclear whether there is enough support within the EU. The full content of the joint letter has not yet been made public.
Their criticism is primarily aimed at rulings by the European Court of Human Rights (ECHR). According to the nine countries, that court pays too little attention to national security interests.
The move follows a prior agreement by EU heads of government to broaden the concept of ‘safe third country.’ This allows asylum seekers to be transferred to countries outside the EU where they must await their asylum procedures. This approach fits within broader efforts to curb migration flows to the EU.
Human rights organizations have strongly criticized this new approach. They point out that the ECHR and other EU bodies have repeatedly ruled in the past that the rights of migrants must not be undermined, even when it concerns persons suspected or convicted of crimes.
According to Italian Prime Minister Meloni, it is necessary to revise the current European human rights framework to combat “abuse of the system.” She said that the right to protection should not lead to the permanent presence of individuals who pose a danger to society.
At the same time, criticism of this approach also arises within the EU. Among others, socialist parties and some EU commissioners warn that undermining the case law of the ECHR could weaken the entire system of human rights protection in Europe. They fear that this will lead to legal inequality and arbitrary deportations.