New EU system for return of illegally staying third country nationals 

This article is brought to you in association with the European Parliament.

• Third-country nationals with a return decision will have to cooperate with the authorities and leave EU territory 
• Possibility of detention to prevent absconding 
• Removal to non-EU territory, including “return hubs”, possible based on an agreement with a third country 
• Stricter rules for persons posing a security risk 

On Wednesday, MEPs approved changes to EU policy on the return of third-country nationals staying illegally in the EU.

The new rules seek to simplify and speed up procedures, with full respect for fundamental rights and international law, including the principle of non-refoulement and the prohibition of collective expulsions, while preventing abuses and unauthorised movements within the EU. The informal deal reached on 1 June with the Council was approved by plenary, with 418 in favour, 218 against and 30 abstentions.

Under the legislation, a return decision issued to a non-EU national staying illegally in a member state by the competent national authorities will come with an obligation to leave the relevant EU country immediately or within a given time.

Obligation to cooperate and detention

Non-EU nationals subject to a return decision will be required to cooperate with the authorities. In order to prepare their return, they may be detained, based on an individual assessment, for example if they are not cooperating, present a risk of absconding or pose a security risk. Detention will have to be ordered by an administrative or judicial authority, and may last up to 24 months. Up to six-month extension in total will be possible if circumstances change, new information appears, or cooperation with a third country improves. If a third-country national moves to another member state a new detention period may apply. Member states will also be able to require regular reporting or the obligation to reside in a designated place. Alternatives to detention, such as a financial guarantee or electronic monitoring, can also be imposed.

Investigative measures

National authorities may carry out specific investigative actions to prepare or ensure an effective return. These might include searches of third-country nationals, residences or other relevant premises, subject to judicial or administrative authorisation, as well as the search and seizure of personal belongings and electronic devices. All measures must uphold fundamental rights and remain subject to safeguards and remedies under Union and national law.

Agreement with countries outside the EU to accept returnees

It will be possible to transfer migrants with a return decision, excluding unaccompanied minors, to “return hubs” in the territory of a country that agrees to accept them, based on an agreement concluded by an EU member state These agreements may only be concluded with third countries that uphold human rights, international law and the principle of non-refoulement. National authorities will have to inform the Commission and other member states before their entry into application.

Quote

Rapporteur Malik Azmani (Renew, Netherlands) said: 

“Today Europe delivered. People rightly expect that those with no right to stay return to their countries of origin. That’s why I have one clear priority: effective, realistic return measures. And after almost 20 years of standstill, Europe finally has them. Return is the final piece in Europe’s migration system, and I’m hugely proud it’s now in place.”

Next steps

Following Parliament’s approval, the text needs to be formally adopted by Council and published in the Official Journal before it can enter into force. Some provisions, including on return hubs, the age assessment of minors and the external dimension of returns, will apply immediately. Other provisions that require preparatory steps will enter into application 12 months after the legislation’s entry into force.