The document states that it has been drafted with a view to “avoiding unnecessary constraints on decisions to extradite, or to expel foreign nationals.”
The declaration does not change the wording of the actual Convention rights but seeks to influence their application through domestic courts and their interpretation by national governments.
“Parties have the undeniable sovereign right to decide on and control foreign nationals’ entry into and residence in their territory,” the declaration says.
“They have the right to establish their own immigration policies, potentially in the context of bilateral or regional co-operation, and pursue immigration control as a public interest. However, these rights must be exercised in accordance with the provisions of the Convention.”
Alain Berset, secretary general of the Council of Europe, which oversees the treaty, said: “We have been able to bring together countries across Europe, with different views and experiences, to agree a common position on how the system should work best, notably in the challenging context of migration.
“Looking ahead, this will help to guide our own work as well as that of national authorities and domestic courts.”