The EU Council and European Parliament have clinched a provisional deal on an EU law to enable faster and more effective EU-wide procedures for the return of persons staying illegally in EU member states.
The Return Regulation will give the EU’s member states the tools necessary to make returns more efficient, with swifter, simpler and more effective procedures across the European Union, in full respect of fundamental rights.
The new common rules include:
- A truly European system in the form of a Regulation, with common procedures for the issuance of return decisions and a European Return Order, ending the current fragmentation at EU level.
- Mutual Recognition of return decisions, with Member States now able to recognise and directly enforce a return decision issued by another Member State.
- Stronger rules on forced return, which becomes mandatory when an illegally staying person poses a security risk, fails to cooperate, absconds to another Member State, or does not voluntarily leave the EU by a mandated deadline. At the same time, the Regulation encourages voluntary return through strengthened return and reintegration assistance.
- Stricter rules against absconding, including the possibility to require returnees to provide financial guarantees, report regularly or reside at a designated place.
- Stronger rules for people posing a security risk so that they can be identified and returned faster.
- The Regulation also introduces the possibility to set up return hubs in third countries, where people with no legal right to stay in the EU and subject to a return decision can be returned. For this, agreements or arrangements can be concluded with a third country that respects international human rights standards and principles in accordance with international law, including the principle of non-refoulement.
- Strong safeguards throughout the entire return process: all measures related to return must be carried out in full respect of fundamental and international human rights standards.
The Regulation will now need to be formally adopted by the European Parliament and the Council before it enters into force, which will happen after publication in the Official Journal of the EU. The Regulation replaces the existing Return Directive from 2008.
Commission proposes a new Common European System for Returns
