Europe needs an independent Human Rights Institution.

The Italian government’s decision to designate the Italian Data Protection Authority as the independent national mechanism for monitoring fundamental rights under the EU’s New Pact on Migration and Asylum raises serious concerns.

Regulation (EU) 2024/1356 and the guidance issued by the European Union Agency for Fundamental Rights (FRA) require every Member State to establish an independent body responsible for monitoring compliance with fundamental rights during border and asylum procedures.

This is a demanding task that requires multidisciplinary expertise, including legal, investigative, psychological and social competencies, as well as the ability to operate with complete independence.

Yet, rather than establishing a dedicated institution, Italy has chosen to assign this role to its Data Protection Authority. While this may formally comply with the requirements of EU law, it falls short of fulfilling the spirit of the mandate. The Authority is unquestionably independent, but its statutory mission is to safeguard personal data, not to systematically monitor compliance with human rights.

This decision reflects a deeper structural problem. Italy remains one of the few European Union Member States without a genuine National Human Rights Institution (NHRI) that complies with the Paris Principles adopted in 1991. Instead of addressing this longstanding gap, the government has opted for an administrative shortcut.

The Paris Principles – adopted by the United Nations General Assembly more than thirty years ago – set out the essential features of a truly independent human rights institution: a broad and permanent mandate, operational autonomy, adequate resources, pluralistic representation and the capacity to address the full spectrum of human rights.

Entrusting this responsibility to an authority with a limited, sector-specific mandate risks undermining the very objective of the European framework: ensuring that everyone arriving at the EU’s borders is treated with full respect for their dignity and fundamental rights.

The issue extends far beyond this individual decision. At a time when Europe’s borders continue to be marked by informal pushbacks, prolonged detention and widespread violations of migrants’ rights, what is needed is an institution capable not only of monitoring, but also of documenting abuses, speaking out against violations and promoting structural reforms.

The protection of fundamental rights cannot be entrusted to temporary arrangements or institutions that were never designed for this purpose. Italy now has an opportunity to strengthen its democratic institutions and bring itself into line with international standards by finally establishing an independent National Human Rights Institution with a clear mandate and effective powers.

Italy does not need another delegated responsibility. It needs an institution.