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The European Commission proposed yesterday, Tuesday, the establishment of a common European system for the return of illegal migrants with faster, simpler, and more effective procedures throughout the EU.
The new legal framework for returns, which was requested by the European Council in October 2024, is a key element for the completion of the Pact on Migration and Asylum, which was approved in May 2024 and will be implemented in mid-2026, providing a comprehensive approach to migration, as well as faster and more effective processing of asylum applications.
Return rates across the EU currently stand at only 20%. “Only one in five leaves the EU and this is not acceptable. Our societies will not tolerate it,” emphasized the Commissioner for Home Affairs and Migration, Magnus Brunner, who described the Commission’s legislative proposal as a “turning point.” “We are putting our European house in order,” assured Mr. Brunner, adding: “With the new European return system, we will ensure that those who do not have the right to stay in the EU do return. This will significantly strengthen trust in our common European asylum and migration system.”
For the Commission’s proposal to come into force, it must be approved by the European Parliament and the EU member states. Commissioner Brunner stated that he hopes for its approval “as soon as possible,” although it is an extremely sensitive issue, politically and legally, that divides member states.
According to the Commission, the new rules will provide member states with the necessary tools to make returns more effective, with full respect for fundamental rights.
The new common rules include:
– A European system in the form of a regulation that includes common procedures for issuing return decisions and establishing a European return order to be issued by member states. The 27 different systems currently in place mean fragmentation at the Union level, notes the Commission.
Thanks to the mutual recognition of return decisions, a member state will be able to recognize and directly execute a return decision issued by another member state without needing to initiate a new procedure. By July 1, 2027, one year after the start of the implementation of the migration and asylum pact, the Commission will review whether member states have established appropriate arrangements for the effective processing of European return orders and will issue an implementing decision that makes it mandatory to recognize and execute return decisions issued by another member state.
– Clear rules for forced return alongside incentives for voluntary return: Forced returns will be mandatory when a person illegally residing in the EU does not cooperate, escapes to another member state, does not leave the EU within the specified voluntary departure deadline, or poses a security risk. This approach provides incentives for voluntary return within the specified departure deadlines from the EU.
– Stricter obligations for returnees, offset by clear safeguards: Explicit obligations to cooperate with national authorities throughout the return process. These measures are complemented by clear consequences for non-cooperation, such as the reduction or denial of benefits or the seizure of travel documents. Simultaneously, cooperation incentives will be enhanced, including support for voluntary return.
– Strong safeguards throughout the return process: All measures related to returns must be implemented with full respect for fundamental and international human rights standards. This is ensured through clear procedures, such as the right to appeal, support for vulnerable individuals, strong safeguards for minors and families, and adherence to the principle of non-refoulement.
– Stricter rules to limit cases of abuse and address flight risk: Member states will have enhanced rules for identifying returnees, such as the ability to request a financial guarantee, regular reporting, or the obligation for returnees to stay at a location designated by national authorities. The new rules establish clear conditions for detention if there is a flight risk, as well as alternatives to detention. Detention can last up to 24 months, instead of the current 18-month limit. Additionally, the suspensive effect of return decisions will no longer be automatic, unless there are non-refoulement issues.
– Specific rules for individuals posing a security risk: Member states should promptly assess whether a person poses a security risk. Once identified, these individuals are subject to strict rules, such as mandatory forced return, longer entry bans, and separate detention spaces. Detention can be extended beyond the normal duration of 24 months with a court order.
– Readmission as part of the return process: To bridge the gap between the return decision and returning to a third country, the new rules establish a common procedure to ensure that the return decision is systematically followed by a readmission application. They also provide for the possibility of data transmission to third countries for the purpose of readmission.
– Return centers: Member states have requested innovative solutions for migration management. This proposal establishes the legal possibility for returning individuals illegally residing in the EU and who have received a final return decision to a third country based on an agreement or arrangement reached bilaterally or at the EU level. This agreement or arrangement can be made with a third country that respects international standards and human rights principles according to international law, including the principle of non-refoulement. Families with minors and unaccompanied minors are excluded, and the way these agreements or arrangements are implemented must be monitored. (13/3/25)