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The Member States have been struggling for years with the question of how to effectively force rejected asylum seekers and other people without the right to protection to leave the territory. Currently, an average of barely 20 percent of removal decisions are respected in the European Union.
“Our return policy is failing at the moment,” acknowledged Vice President Henna Virkkunen. She places the problem partly with the diverse systems used by the Member States, which lend themselves to abuse. “Many go to another Member State and the current patchwork of 27 national systems also undermines the effectiveness of return policy at EU level.”
That is why the Commission is proposing a “European system”, with common procedures for issuing return decisions and the introduction of a European return order. Member States will mutually recognize these orders so that an order issued by one Member State can be immediately executed by another Member State.
The Commission also provides a legal framework for so-called return hubs in third countries, which can be established based on a bilateral agreement or an agreement at European level. However, the Commission itself does not make any concrete proposals, leaving that to interested Member States. “We only create the legal framework, not the content,” clarified Commissioner for Migration Magnus Brunner.
Brunner and Virkkunen do emphasize the distinction with the British Rwanda model or the agreement between Italy and Albania. The hubs would only accommodate people who have received a final removal decision, and therefore not people whose asylum procedure is still ongoing. Families with children and unaccompanied minors also cannot be sent to these centers. Such agreements could only be concluded with third countries that respect human rights.
Against the backdrop of last year’s European election campaign, a number of Member States strongly urged this option. According to Belgian Minister of Asylum and Migration Anneleen Van Bossuyt, “the hubs can play a role in a better functioning migration policy”. “The European Commission is taking a step in the right direction, but the practical implementation will be decisive for its success. We look forward to further concretization of the proposals and will discuss them thoroughly at the government table.”