On Tuesday, the European Commission announced a proposal to create a unified system for the return of illegal migrants across the EU, aiming for faster, simpler, and more effective processes.
This new legal framework for returns, which the European Council requested in October 2024, is essential for implementing the Migration and Asylum Pact approved in May 2024, set to take effect in mid-2026. The pact aims for a holistic approach to migration and improved efficiency in processing asylum applications.
Currently, return rates within the EU are only 20%. Commissioner for Home Affairs and Migration, Magnus Brunner, highlighted this concern, stating, “Only one in five leaves the EU, and this is unacceptable. Our societies will not tolerate it.” He characterized the Commission’s legislative proposal as a “turning point,” reassuring that the new system would ensure that individuals without the right to remain in the EU are returned, thereby enhancing trust in the EU’s asylum and migration framework.
The proposal must receive approval from both the European Parliament and EU member states before it can be enacted. Commissioner Brunner expressed hope for a swift approval, though he acknowledged that the topic is politically and legally sensitive and may divide member states.
According to the Commission, the proposed rules will equip member states with the tools necessary for effective returns while upholding fundamental rights.
The new common rules include:
– A European regulatory framework that standardizes procedures for issuing return decisions and creating a European return order by member states. The current 27 different systems create fragmentation within the Union, as noted by the Commission.
Through mutual recognition of return decisions, a member state can accept and implement a return decision made by another member state without initiating a new procedure. By July 1, 2027, the Commission will assess whether member states have established the necessary mechanisms for processing European return orders and will mandate the recognition and execution of such return decisions.
– Defined procedures for forced returns, alongside incentives for voluntary departures: Forced returns will be required if individuals unlawfully residing in the EU do not cooperate or fail to leave by the voluntary departure deadline. This framework encourages voluntary return within set timelines.
– Stricter requirements for returnees, balanced with clear protections: Individuals will have explicit obligations to cooperate with national authorities throughout the return process, with consequences for non-compliance, such as reduced benefits or confiscation of travel documents. Cooperation incentives, including support for voluntary returns, will also be enhanced.
– Robust protections throughout the return process: All return-related measures will adhere to fundamental and international human rights standards, with established procedures including the right to appeal, assistance for vulnerable groups, strong safeguards for minors and families, and compliance with the principle of non-refoulement.
– Enhanced protocols to prevent abuse and address flight risks: Member states will have improved methods for identifying returnees, such as requiring financial guarantees, regular check-ins, or mandates for returnees to reside at designated locations. New rules will stipulate conditions for detention in cases of flight risk, with a maximum detention period of up to 24 months, extended from the current 18 months. Additionally, the suspensive effect of return decisions will no longer be automatic unless non-refoulement issues arise.
– Special provisions for individuals deemed security risks: Member states are expected to quickly evaluate anyone considered a security threat. Identified individuals will face stringent regulations, including mandatory forced returns, extended entry bans, and designated detention facilities. Detention durations may exceed the standard limit of 24 months if authorized by a court.
– A structured readmission process as part of returns: New rules will ensure that a return decision is systematically followed up with a readmission application, including potential data sharing with third countries to facilitate this process.
– Establishment of return centers: Member states have sought innovative migration management solutions. This proposal allows for the return of individuals unlawfully residing in the EU who have received final return decisions to third countries based on agreements made either bilaterally or at the EU level. Such agreements must be with countries that uphold international standards and human rights principles, including the principle of non-refoulement. Families with minors and unaccompanied minors will be exempt from this provision, and implementation of these agreements will require oversight. (13/3/25)
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