site.btaInterior Ministry Proposes Ombudsman Role in Migrant Screening

The Interior Ministry has published on the Public Consultation Portal for public debate until May 14 proposed amendments to the Ombudsman Act assigning the institution responsibility for screening cross-border migration. To exercise these powers, the Ombudsman will be able to carry out periodic and unannounced on-site inspections based on assessments of risks to fundamental rights or on reports of violations.

According to the Interior Ministry, this mechanism will ensure that the specific needs of children, persons with disabilities or victims of trafficking are identified and respected upon entry. During the screening, the best interests of the child must always be a primary consideration in line with the Charter of Fundamental Rights of the European Union, the explanatory notes state.

Where necessary, child protection authorities should participate directly in the screening to ensure that the best interests of the child are observed. A representative should be appointed to represent and assist an unaccompanied minor during the screening or, where no representative has been appointed, a person trained to safeguard the minor’s best interests and overall well-being, the proposals stipulate.

The amendments will establish legal safeguards to ensure compliance with European Union law and international law, including the EU Charter of Fundamental Rights.

The implementation of the act is not associated with the provision of additional financial or other resources.

In addition to the draft law, the Council of Ministers proposes to expand the range of affected and interested stakeholders by including new groups, such as human rights organizations active in the field, as well as judicial and medical bodies involved in the processes.