IMM’s Work Presented at the Thematic Session of the Council of Europe Network of Focal Points on Migration
On 30 January 2026, the Head of the Croatian IMM, Prof. Dr. Anna-Maria Getoš Kalac, participated in the thematic session of the Council of Europe Network of Focal Points on Migration on the development of Independent Monitoring Mechanisms at borders (IMMs), whose establishment is provided for under Article 10 of the Screening Regulation as part of the common EU migration management system (Pact on Migration and Asylum). This was the first thematic session of its kind, conceived as a forum for brainstorming, discussion, and the exchange of (preliminary) information on the legal and other steps being taken by member States to establish IMMs, in particular regarding their (planned) institutional set-up and methodological tools. The initiative for this peer-exchange of experience and good practices was launched by the Head of the Council of Europe Division on Migration and Refugees, Mr Nikos Sitaropoulos, following discussions with Prof. Dr. Getoš Kalac during the meeting between the Council of Europe delegation and representatives of the Croatian IMM in Zagreb in September 2025, when it was concluded that there was a need for a systematic exchange of expertise and experience among stakeholders already conducting, or planning to conduct, monitoring of compliance with fundamental rights at borders, as was also confirmed at the meeting of the Network of Focal Points in November 2025.
Following the introductory remarks by Ms Clare Ovey, Director of Human Rights of the Council of Europe, Mr Sebastian Rietz from the Secretariat of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), addressed border challenges by recalling the CPT’s 2020 report on Croatia, in which the State was called upon to end police ill-treatment and pushbacks while ensuring effective investigations into all allegations of such conduct. In said report, the CPT also laid down the criteria that should be met for a monitoring mechanism to be effective and independent: the authority to conduct regular and unannounced inspections, unimpeded access to all places, persons and information, to observe border guards’ activities on land and at sea, and to liaise with key stakeholders. IMMs should possess full structural independence and operational autonomy from the authorities responsible for policing the border, be provided with adequate human and financial resources, be empowered to report publicly with clear recommendations, and be entitled to communicate directly with prosecutors. Referring specifically to Croatia, Mr Sebastian Rietz emphasised that the Croatian IMM already fulfils many of the CPT’s effectiveness and independence criteria and highlighted the CPT’s active contribution to the further strengthening and development of the Croatian IMM through bilateral exchange and support. Among the other presentations in the first part of the session, particular mention should be made of that of Ms Aydan Iyiguengoer, representing the Fundamental Rights Agency (FRA), who recalled the 2024 Guidelines on establishing IMMs and announced the piloting, as well as forthcoming completion of FRA’s monitoring Methodology for IMMs, the publication of which has been expected since the final quarter of 2025.
In the second part of the thematic session, Prof. Dr. Getoš Kalac presented the main legal, methodological and operational features of the Croatian IMM’s work, emphasising the uniquely broad mandate of the Croatian IMM, which enables it to monitor respect of with fundamental rights in all relevant locations and facilities, including police stations, border crossing points, maritime areas and airports, reception facilities for foreigners, as well as the green, blue and air borders, as a rule through unannounced oversight activities. She noted that, in this regard, the Croatian IMM has a significantly broader mandate than the mandate of (future) IMMs under Article 10 of the Screening Regulation, which will prospectively also in Croatia reduce the scope of fundamental rights monitoring, i.e. narrow the monitoring mandate of the future Croatian IMM primarily to those locations where the screening procedure will be carried out. Considering the Croatian IMM’s experience, recommendations and the challenges currently faced by EU member states in establishing IMMs, the IMM Factsheet was discussed with participants.
During the discussion, participants also reflected, inter alia, on challenges related to funding sources for IMMs under the Pact on Migration and Asylum. In that regard, FRA clarified that national ministries, including ministries responsible for border control, may apply for EU funds (e.g. AMIF or TSA) for the establishment of, or support to, the work of IMMs. In this context, the Head of the Croatian IMM pointed out to participants the possible objections concerning IMMs’ insufficient independence that could be raised in case their funding is secured from EU funds via ministries that are themselves responsible for border control. This objection was repeatedly raised during the establishment of the Croatian IMM, even though the Croatian IMM is not institutionally affiliated with the Ministry of the Interior or any other state body, but is composed exclusively of civil society organisations and an individual expert, with full operational and reporting autonomy.
Following the introductory remarks by Ms Clare Ovey, Director of Human Rights of the Council of Europe, Mr Sebastian Rietz from the Secretariat of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), addressed border challenges by recalling the CPT’s 2020 report on Croatia, in which the State was called upon to end police ill-treatment and pushbacks while ensuring effective investigations into all allegations of such conduct. In said report, the CPT also laid down the criteria that should be met for a monitoring mechanism to be effective and independent: the authority to conduct regular and unannounced inspections, unimpeded access to all places, persons and information, to observe border guards’ activities on land and at sea, and to liaise with key stakeholders. IMMs should possess full structural independence and operational autonomy from the authorities responsible for policing the border, be provided with adequate human and financial resources, be empowered to report publicly with clear recommendations, and be entitled to communicate directly with prosecutors. Referring specifically to Croatia, Mr Sebastian Rietz emphasised that the Croatian IMM already fulfils many of the CPT’s effectiveness and independence criteria and highlighted the CPT’s active contribution to the further strengthening and development of the Croatian IMM through bilateral exchange and support. Among the other presentations in the first part of the session, particular mention should be made of that of Ms Aydan Iyiguengoer, representing the Fundamental Rights Agency (FRA), who recalled the 2024 Guidelines on establishing IMMs and announced the piloting, as well as forthcoming completion of FRA’s monitoring Methodology for IMMs, the publication of which has been expected since the final quarter of 2025.
In the second part of the thematic session, Prof. Dr. Getoš Kalac presented the main legal, methodological and operational features of the Croatian IMM’s work, emphasising the uniquely broad mandate of the Croatian IMM, which enables it to monitor respect of with fundamental rights in all relevant locations and facilities, including police stations, border crossing points, maritime areas and airports, reception facilities for foreigners, as well as the green, blue and air borders, as a rule through unannounced oversight activities. She noted that, in this regard, the Croatian IMM has a significantly broader mandate than the mandate of (future) IMMs under Article 10 of the Screening Regulation, which will prospectively also in Croatia reduce the scope of fundamental rights monitoring, i.e. narrow the monitoring mandate of the future Croatian IMM primarily to those locations where the screening procedure will be carried out. Considering the Croatian IMM’s experience, recommendations and the challenges currently faced by EU member states in establishing IMMs, the IMM Factsheet was discussed with participants.
During the discussion, participants also reflected, inter alia, on challenges related to funding sources for IMMs under the Pact on Migration and Asylum. In that regard, FRA clarified that national ministries, including ministries responsible for border control, may apply for EU funds (e.g. AMIF or TSA) for the establishment of, or support to, the work of IMMs. In this context, the Head of the Croatian IMM pointed out to participants the possible objections concerning IMMs’ insufficient independence that could be raised in case their funding is secured from EU funds via ministries that are themselves responsible for border control. This objection was repeatedly raised during the establishment of the Croatian IMM, even though the Croatian IMM is not institutionally affiliated with the Ministry of the Interior or any other state body, but is composed exclusively of civil society organisations and an individual expert, with full operational and reporting autonomy.