What is the Commission presenting today?
The Commission is introducing a new legislative framework for a Common European System for Returns to streamline the return process, providing Member States with clear, simplified rules. This system aligns with the new asylum legislation under the Pact and outlines obligations for third-country nationals to cooperate, with incentives and clear consequences for non-cooperation. The European Return Order and mutual recognition mechanism simplify procedures, improving EU system effectiveness.
Forced returns will be enforced when necessary, promoting voluntary returns. Member States must identify and expedite the return of security risk individuals. Fundamental rights are protected throughout, with procedural safeguards and attention to vulnerable individuals.
Internationally, the proposal facilitates readmission and data transfer with partner countries, allowing returns to non-EU countries respecting human rights standards.
Why do we need new rules now?
The Return Directive has been in place since 2008 and needs updating. The Commissions 2018 revision proposal failed to reach agreement. Modern rules are necessary to address current challenges, ensuring cooperation from third-country nationals and managing security risks efficiently. The current systems inefficiency undermines the Migration and Asylum Pact and public trust in EU migration management.
What are the main problems with returns?
Current return procedures are complex and fragmented, hampering efficiency. Lack of cooperation from returnees and insufficient cooperation from origin countries further complicate matters. The new proposal aims to simplify and streamline processes, enhancing cooperation and efficiency.
How will the new rules ensure rights protection?
Fundamental rights are central to the proposal, with procedural safeguards and attention to childrens interests. New rules align with the Pacts asylum provisions, ensuring rights protection throughout the return process.
What are the safeguards for children and families?
The proposal emphasizes the best interests of children, aligning with the Pacts age assessment rules and ensuring representation for minors. Detention conditions are strictly regulated, with detention as a last resort.
Why extend detention possibilities?
Detention remains necessary to prevent absconding and ensure availability during return procedures. It is regulated to ensure respect for fundamental rights and is subject to judicial supervision.
How will voluntary returns be incentivised?
The proposal strengthens voluntary return incentives, ensuring individuals are informed and supported. It clarifies forced return rules, encouraging voluntary return by providing financial assistance and clear timelines.
Will mutual recognition of return decisions be mandatory?
The proposal facilitates mutual recognition of return decisions, aiming for mandatory recognition following operational developments, enhancing EU-wide enforcement.
What is the EU Return Order?
The European Return Order standardizes return decisions, streamlining enforcement across Member States. It disincentivizes absconding by ensuring consistent EU-wide application.
Do you propose special rules for security risks?
Yes, individuals posing security risks face stricter return rules, including longer entry bans and detention periods. The proposal aligns with the Pact and Schengen Borders Code, with clear safeguards for rights protection.
How can cooperation with third countries improve?
Effective return cooperation is key to EU partnerships. Insufficient cooperation may lead to restrictive visa measures, encouraging compliance.
What is proposed regarding return hubs?
The proposal sets rules for return hubs, ensuring returns to third countries uphold human rights standards. It excludes minors and families from such returns.
How will rights be monitored in return hubs?
Agreements will include safeguards, ensuring compliance with international standards. Independent monitoring mechanisms will oversee implementation.
For More Information
Factsheet - A Comprehensive Migration Approach
Factsheet - A New Common European System for Return