Monitoring of fundamental rights in screening and border procedures

From 12 June 2026, the Non-Discrimination Ombudsman will have the task of monitoring the realisation of fundamental rights in screening and border procedures based on the EU Pact on Migration and Asylum. The monitoring task is based on the EU Screening Regulation and Asylum Procedure Regulation, and more detailed provisions on it are laid down in the Aliens Act.

Funding for the task is unclear at the time the Act enters into force. The ability to carry out the task will depend on the resources available.

What is screening?

The screening procedure is a fast procedure in which the background and circumstances of asylum seekers and persons not fulfilling the conditions of entry are checked and they are directed to the asylum or return procedures. The screening procedure is carried out on the external borders by the Border Guard and inside Finland by the police departments.

What is the border procedure?

The border procedure is a fast asylum procedure to which asylum seekers who have crossed the external border are directed under certain conditions. In the border procedure, the applicant’s freedom of movement is restricted and, as a rule, he or she must stay in an area of the reception centre assigned to him or her. The Finnish Immigration Service is responsible for the border procedure.

What does fundamental rights monitoring mean?

The Non-Discrimination Ombudsman monitors the realisation of fundamental rights in the screening and border procedures. This task entails monitoring compliance with international law during screening and border procedures, in particular as regards access to the asylum procedure, the principle of non-refoulement, the best interest of the child and the relevant rules on detention.

In the performance of this task, the Non-Discrimination Ombudsman has an extensive right of access to information, the right to obtain a report and the right to carry out inspections. Inspections may also be carried out unannounced.

The Ombudsman can issue statements and recommendations to the authority based on the findings. In addition, the Ombudsman may submit annual recommendations to the Government as part of his annual report.

Funding for the task is unclear at the time the Act enters into force. The ability to carry out the task will depend on the resources available.

Complaints in the screening and border procedure

The authorities responsible for screening and border procedures are responsible for dealing with complaints concerning fundamental rights violations. The Finnish Border Guard and police departments are responsible for complaints in the screening procedure and the Finnish Immigration Service in the border procedure. In accordance with the Screening Regulation, it is the task of these authorities to ensure that justified allegations of fundamental rights violations are dealt with effectively and without undue delay. They are also responsible for initiating an investigation if necessary and monitoring the progress of the investigation. In practice, complaints are handled by the authorities’ internal legality control functions.

The Non-Discrimination Ombudsman is not the authority responsible for handling complaints concerning screening and border procedures.

If you suspect that your fundamental rights have been violated in the screening or border procedure and you want the matter to be investigated, please contact the authority responsible for the activities. You can institute the matter with the authority in question by sending an e-mail to its registry, for example.

Contact information

In matters concerning fundamental rights monitoring, you can contact the Non-Discrimination Ombudsman by email at monitorointi.yvv(at)oikeus.fi.

Legislation

Screening Regulation (Article 10(2))

Asylum Procedure Regulation (Article 43(4))

Aliens Act (sections 16j, 104a and 208 §)

Act on the Non-Discrimination Ombudsman (in Finnish)