European Leaders Debate Stricter Migration Rules: Agree to Weaken Protections For Migrants

BRUSSELS Dec 11: As public support for immigrants wanes globally, European nations agreed Wednesday to explore policy changes that human rights advocates warn could erode migrant protections that have defined European law since World War II.

The move reflects a broader shift across the continent, where mainstream political parties have embraced tougher migration policies to counter far-right parties capitalizing on anti-immigration sentiment—even as illegal border crossings decline.

Council of Europe Secretary General Alain Berset said after discussions in Strasbourg, France, that representatives from all 46 member states recognized the “challenges” posed by migration while reaffirming their commitment to the European Convention on Human Rights and its court. He described the 75-year-old convention as a “living instrument,” balancing fundamental rights with the need to protect national security.

Several governments—including those of Italy, Denmark, and the United Kingdom—have criticized the convention and the European Court of Human Rights, arguing that their current scope limits nations’ ability to manage illegal migration or deport foreign nationals convicted of crimes.

Ministers from the council’s 46 member states will now draft a political declaration on migration, set for adoption in May, alongside a proposal aimed at deterring human smuggling. The Council of Europe, distinct from the European Union, was founded after World War II to uphold democracy and human rights across the continent.

Momentum for a reinterpretation
Debates over reforming or reinterpreting the convention’s application to migration began last year, when nine countries sent a letter calling for constraints on the court’s authority. They contended that the court’s rulings made it harder to expel criminal offenders or safeguard their borders.

While Berset has defended the court’s independence, momentum for a stricter reading of the convention has since grown. On Wednesday, 27 countries signed a separate statement urging a “less restrictive interpretation” of the law that balances individual protections with collective security interests.

“A right balance has to be found between the migrants’ individual rights and interests and the weighty public interests of defending freedom and security in our societies,” the statement read.

Andrew Forde, co-founder of the AGORA research group and a former Council of Europe official, said this marks the first time member states have explicitly sought to limit protections for a specific group. “The majority of governments now clearly support a more conservative interpretation of the convention, shaped largely by political interests,” he said.

Meanwhile, U.K. Prime Minister Keir Starmer and Danish Prime Minister Mette Frederiksen co-authored an op-ed in The Guardian calling for tighter migration controls to block entry to those seeking economic opportunities rather than escaping war or persecution. “The best way to fight the forces of hate and division,” they wrote, “is to show that mainstream, progressive politics can solve this problem.”Separately in Brussels, European Commission President Ursula von der Leyen vowed to intensify efforts against smuggling operations that bring people into the European Union illegally.

“Our goal is simple: to bankrupt their businesses by every means available,” von der Leyen said during an event marking the second anniversary of the EU-led Global Alliance to Counter Migrant Smuggling.

Frontex, the EU’s border and coast guard agency, reported that irregular crossings dropped 22% from January to October compared with the same period last year, with about 152,000 detected crossings. Most migrants entering Europe, however, do so legally before overstaying visas.

Despite declining irregular arrivals, the EU continues to invest heavily in deterrence efforts, paying partner countries in Africa and the Middle East to curb departures. Meanwhile, aging populations and labor shortages have prompted many European nations to roll out new programs to attract and train foreign workers.