The European Union’s new Migration and Asylum Pact is facing growing scrutiny over migrant children’s protection, restrictions on humanitarian rescue operations and the low number of convictions in cases involving alleged abuses at Europe’s borders.
A new report by the European Union Agency for Fundamental Rights (FRA) has highlighted gaps in the implementation of safeguards intended to protect migrants and asylum seekers across the bloc.
The agency’s latest migration bulletin, published on Thursday, October 22, covers the period from July to September 2026, coinciding with the early months of the EU Migration and Asylum Pact’s implementation.
The findings raise concerns about whether European countries are adequately protecting vulnerable migrants, particularly children travelling without adults, while ensuring that humanitarian organisations can carry out rescue operations and allegations of border abuse are properly investigated.
One of the main concerns centres on Ceuta, the Spanish enclave in North Africa, where a sudden increase in migrant arrivals exposed weaknesses in the reception and protection of children.
According to the FRA, the arrival of large numbers of people, mostly young Moroccan men, over two days placed significant pressure on local facilities. Authorities introduced emergency measures to expand reception capacity, but hundreds of people reportedly slept outdoors or in makeshift camps along the beach.
The situation raised questions about the authorities’ ability to identify, register and accommodate minors travelling without parents or guardians.
Civil society organisations also expressed concern about delays in identifying children and ensuring they received appropriate protection. Additional allegations involved inadequate reception conditions, unnecessary use of force and the return of some people to Morocco without individual assessments. Spain has denied the allegations concerning returns without individual assessment.
The FRA said the situation in Ceuta highlighted practical difficulties in implementing the new safeguards, including procedures for screening children, appointing guardians and assessing the ages of young migrants. The agency also noted that not all EU member states had established monitoring mechanisms required to help protect fundamental rights.
The report’s concerns extend beyond reception facilities, with humanitarian search-and-rescue organisations in the Mediterranean continuing to face legal restrictions and vessel detentions.
In July 2026, a court in Ortona, Italy, ruled that the December 2025 detention of Humanity 1, a rescue vessel operated by SOS Humanity, had been unlawful. The court also reaffirmed that Libya could not be considered a safe place for disembarkation.
In a separate case in September, a Naples court lifted the detention of Sea-Watch 5, operated by the German non-governmental organisation Sea-Watch, and annulled a fine connected to an alleged failure to communicate with Libyan authorities.
The rulings provided important legal challenges to restrictions affecting humanitarian rescue operations. However, the FRA warned that overturning a detention or penalty does not erase the disruption caused while a vessel is prevented from operating.
When rescue ships remain in port, their ability to respond to emergencies at sea can be reduced. Legal proceedings also consume the time and financial resources of organisations providing assistance to people in distress.
According to the agency, 105 administrative or criminal proceedings had been opened against civil society organisations involved in search-and-rescue activities since 2017.
The FRA also raised concerns about accountability for alleged human rights violations at the European Union’s external borders, pointing to a substantial gap between the number of investigations and the number of convictions.
Between 2020 and 2025, judicial authorities in 12 EU member states opened at least 322 preliminary criminal investigations into alleged abuses at borders, according to figures cited in the report. Only nine resulted in convictions: eight in Hungary and one in Spain.
The agency also recorded 192 disciplinary investigations during the same period. None of the disciplinary investigations concluded in 2025 resulted in sanctions.
Many criminal investigations are discontinued during the preliminary stage, the FRA noted, highlighting continuing difficulties in investigating alleged violations and establishing responsibility.
In 2024, the agency published guidance to help authorities investigate alleged ill-treatment at borders. However, its latest findings indicate that significant obstacles remain.
In October 2026, the FRA published updated guidance on monitoring and investigating fundamental rights in asylum, border and return procedures. The agency warned that delays and ineffective investigations could create a perception of impunity and undermine the rule of law.
The findings come as EU countries continue implementing the Migration and Asylum Pact, which is intended to establish a more coordinated approach to migration management and asylum procedures across the bloc.
Although the framework offers opportunities to strengthen protections, the FRA’s latest bulletin suggests that practical challenges remain in ensuring that those protections are consistently applied.
For migrants and asylum seekers, the concerns affect several critical areas, from access to suitable accommodation and protection for children to the ability of humanitarian organisations to rescue people at sea and the investigation of alleged abuses by authorities.
The agency’s findings underline the importance of effective monitoring, adequate reception facilities, lawful enforcement measures and credible investigations into alleged rights violations.
As implementation of the EU Migration and Asylum Pact continues, the treatment of migrant children in Ceuta, restrictions on rescue ships and the limited number of convictions in border abuse cases are likely to remain important tests of Europe’s commitment to fundamental rights.
The FRA concluded that significant work remains to ensure the bloc’s migration and asylum framework delivers effective protection in practice.