On 15 May 2026, the Committee of Ministers of the Council of Europe adopted the Chișinău Declaration. The Chișinău Declaration sets out the Member States’ collective position on the scope and application of the European Convention on Human Rights (the “ECHR”) to certain migration-related matters, such as expulsion of foreigners convicted of serious crimes, mass arrivals, the instrumentalisation of migration and co-operation with third countries regarding asylum procedures.
The Chișinău Declaration follows growing concerns amongst Council of Europe Member States that courts’ application of the ECHR in migration cases, particularly in relation to irregular migration and deportation measures, presents national security and public safety risks. On 10 December 2025, all Member States called for the preparation of a political declaration to address this. On 20 March 2026, the Council of Europe’s Steering Committee for Human Rights (the “CDDH”) published the key elements for the political declaration following its assessment of how to address the concerns. Notably, the CDDH found that Member States’ concerns were directed less at the European Court of Human Rights’ case law and more towards the way that national courts interpret and apply the ECHR and the Court’s judgments.
The Chișinău Declaration, among other things:
- reaffirms the principle of subsidiarity and the concept of margin of appreciation, emphasising the primary responsibility of Member States to secure ECHR rights at the national level and the importance of the ECHR system being “effective, focused and balanced”;
- highlights the importance of clear and consistent judgments of the European Court of Human Rights to assist domestic courts in their application of ECHR rights;
- emphasises the high threshold under Article 3 of the ECHR (the prohibition of torture and inhuman or degrading treatment) in deportation and extradition cases, noting that the “minimum level of severity of ill-treatment… must therefore remain high and constant, and be clearly and consistently applied at all levels, avoiding unnecessary constraints on decisions to extradite, or to expel foreign nationals”;
- notes that Article 8 of the ECHR (right to respect for private and family life) “allows public authorities to expel a foreign national from their territory even though such a measure may interfere with their right to respect for private and family life, so long as such interference is in accordance with the law and necessary in a democratic society in pursuit of a legitimate aim”, including national security, public safety and the prevention of disorder or crime;
- encourages Member States to develop and clarify domestic legal frameworks governing the application of Articles 3 and 8 of the ECHR in cases involving expulsion and extradition;
- acknowledges the challenges posed by mass migration and the “instrumentalisation” of migration;
- recognises that States “may establish their own immigration policies, which may include co-operation with third countries”, provided States continue to comply with their ECHR obligations; and
- notes that States may also pursue new approaches to address irregular migration, such as “processing requests for international protection in a third country, third country “return hubs” and co-operation with countries of transit.”
The Chișinău Declaration is neither a formal amendment to the ECHR nor a treaty. Nevertheless, it is an expression of all 46 Council of Europe Member States’ position on the interpretation and application of the ECHR to migration issues. Its content will – or at least should, according to the principle of the rule of law – directly guide how the European Court of Human Rights and national courts apply the ECHR to migration-related cases.
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