In order to ensure compliance with Union and international law, including , during the screening, each Member State should provide for a monitoring mechanism and put in place adequate safeguards for the independence thereof, such as respect of the Paris Principles, adopted by the United Nations General Assembly Resolution 48/134 of 20 December 1993, of the Venice Principles, adopted by the Venice Commission at its 118th Plenary Session of 15-16 March 2019, the United Nations General Assembly Resolution of 28 December 2020 on the role of the Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law, and the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, adopted on 18 December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199 (‘OPCAT’). For that purpose, Member States should be able to have recourse to already existing national fundamental rights monitoring mechanisms in accordance with the requirements set out in this Regulation. The monitoring mechanism provided for by each Member State should cover in particular respect for fundamental rights in relation to the screening, as well as the respect for the applicable Union and national rules regarding detention and compliance with the principle of non-refoulement. The European Union Agency for Fundamental Rights established by Council Regulation (EC) No 168/2007 (15) (the ‘Fundamental Rights Agency’) should establish general guidance as to the establishment and the independent functioning of such monitoring mechanisms. Member States should furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for their national monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite relevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in , the monitoring mechanism for the purpose of monitoring the operational and technical application of the Common European Asylum System as set out in , the evaluation and monitoring mechanism established by (16) and monitoring carried out by existing national or international monitoring bodies. Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate way.
15. Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1). ↩︎
16. Council Regulation (EU) 2022/922 of 9 June 2022 on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, and repealing Regulation (EU) No 1053/2013 (OJ L 160, 15.6.2022, p. 1). ↩︎