The Council of Europe has warned Denmark over its plans for return hubs outside the EU, urging Copenhagen to introduce strict safeguards before transferring people without a legal right to remain in Europe to centres located in third countries.
The commissioner said that return hubs outside the EU could expose migrants to ill-treatment, arbitrary detention and other violations of international human rights law. He asked the five governments to carry out detailed risk assessments, establish independent monitoring and base any cooperation with third countries on legally binding agreements.
Prime Minister Mette Frederiksenhas described reception and return centres outside Europe as one of the main priorities of her third term. Denmark has been working with Austria, Germany, Greece and the Netherlands to identify possible models and partner countries.
Return hubs would host people who have received a final return decision and no longer have a legal right to remain in an EU member state. Depending on the agreement, a hub could serve as their final destination or as a temporary centre before their return to their country of origin or another country.
The European Parliament approved a reform of the EU’s return system on 17 June. The new rules allow member states to create such centres in non-EU countries through international agreements.
Denmark’s government argues that the system could make return decisions more effective. Bødskov has also rejected concerns that the project would breach international law.
“EU projects of this kind will, of course, comply with the conventions that must be respected. There is no doubt about that,” the minister said in June.
O’Flaherty proposed four safeguards for Denmark and the other governments involved.
First, states should complete a comprehensive assessment of the direct and indirect human rights risks before entering into any agreement. This should include both a factual and legal analysis, together with measures to prevent or remedy possible violations.
Second, any return hub should be subject to continuous and independent human rights monitoring. The commissioner said governments should also create mechanisms allowing cooperation to be reviewed or suspended when evidence of abuse emerges.
Third, cooperation with third countries should be governed by legally binding agreements containing enforceable human rights clauses and clear accountability mechanisms.
Finally, governments should publish the risk assessments, mitigation plans, monitoring results and international agreements. According to O’Flaherty, this is necessary to allow parliamentary, public and judicial scrutiny.
External migration policies carry legal risks
The commissioner’s concerns are based on a September 2025 report examining the growing use of external migration and asylum policies by European governments.
The report identified possible risks involving the principle of non-refoulement, which prohibits returning people to countries where they could face persecution or serious harm. It also raised concerns about collective expulsions, arbitrary detention and access to effective legal remedies.
Under international law, governments may remain responsible for human rights violations connected to migration arrangements even when centres are physically located outside their territory.
This makes the legal structure of any future agreement particularly important. Informal political arrangements or weak monitoring systems could make it difficult to determine responsibility and allow people held in the centres to challenge decisions before an independent court.
Denmark’s plans will test the new EU framework
The Council of Europe has not called for return hubs to be abandoned. Instead, it has asked Denmark and its partners to ensure that any project complies with international law from its earliest planning stages.
However, the four safeguards could significantly influence how quickly the Danish government can proceed and which third countries could be considered suitable partners.
They could also affect the implementation of the EU’s new return rules. Although the European framework allows external centres, individual agreements will still have to comply with the European Convention on Human Rights, the prohibition of refoulement and other international obligations.
For Denmark, return hubs have become both a domestic political priority and part of a broader effort to reshape European migration policy. The next phase will show whether Copenhagen can translate that objective into legally binding arrangements that provide effective oversight and access to justice.
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