European countries push for faster return of illegal criminals

The European Convention on Human Rights (ECHR) has served as the cornerstone of human rights protection in Europe for decades. That foundation is not being questioned. “However, an increasing number of European countries are concerned that certain interpretations of the Convention clash with on-the-ground realities—especially when it comes to deporting illegal criminals,” says Anneleen Van Bossuyt.

In May, nine European heads of government, including Prime Minister Bart De Wever, called for a review of those interpretations. The aim is not to roll back human rights, but to ensure that procedures remain workable, particularly in cases involving serious crime.

Council of Europe takes signal seriously

The Council of Europe responded to these concerns and developed a package of proposals, which were presented for the first time today at an informal ministerial meeting in Strasbourg. Belgium was represented by the Minister for Asylum and Migration, Anneleen Van Bossuyt.

According to Van Bossuyt, this is a necessary step forward. “Due to the way international treaties can be applied today, it is sometimes extremely difficult to effectively deport serious criminals. That’s a real problem. Europe must not become a safe haven for those who abuse our hospitality to commit serious crimes. People who violate the rules have no place on our territory and must return.”

Four pillars for greater impact

The Council of Europe’s proposals are built on four key pillars:

• A political declaration—expected to be finalised by May 2026—to clarify how the ECHR should be interpreted in migration cases and to strengthen dialogue with the European Court of Human Rights;
• A legal model to more effectively combat human smuggling and prevent criminal networks from exploiting differences between national systems;
• The creation of a new Migration Committee, aimed at facilitating return agreements and better coordinating negotiations with third countries;
• A broader international dialogue on return policies and cooperation.

In addition, Belgium has joined a joint declaration by a more limited group of 27 countries, highlighting the legal obstacles countries face when trying to remove criminals from their territory.

Not an attack on the Court

Van Bossuyt stresses that this initiative in no way undermines the independence of the European Court of Human Rights. “As a lawyer, I hold the rule of law in the highest regard, but legal frameworks cannot exist in isolation from societal developments. When legal interpretations are out of sync with reality on the ground, public support for the rule of law is at risk.”

She emphasises that this is not about weakening human rights, but about restoring balance. “We’re not asking for a carte blanche. We’re asking for the ability to protect the safety of our citizens and society as a whole. Belgium will never seek to limit the Court’s oversight under the ECHR. This is not an attack on the system, nor a request to dilute any article of the Convention. Rather, it is an investment in the future of the Convention,” Van Bossuyt concludes.