The New EU Return Regulation: A Closer Look at the Approved Framework

SERIES: EU Pact on Migration and Asylum

On 1 June, the Council of the EU and the European Parliament reached a political agreement on the “Regulation establishing a common system for the return of third-country nationals staying illegally in the Union”, commonly referred to as the Return Regulation. This legislative overhaul significantly alters how the European Union handles the return of third-country nationals without a legal right to stay. The European Council on Refugees and Exiles (ECRE) has analyzed the agreed text, pointing out profound changes to the legal and operational landscape of European migration enforcement.

Here is a comprehensive overview of the key elements introduced by the new regulation, detailed in full.

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Expansion of Return Hubs and Destinations

The regulation radically broadens the categories of countries to which individuals can be returned. Under the new framework, individuals can now be returned not only to their countries of origin or habitual residence, but also to countries of transit, safe third countries, and first countries of asylum. Furthermore, returns can be made to third countries with which the EU has formal agreements or even informal arrangements. The legislation formally allows the establishment of “return hubs” in third countries. Consequently, EU member states that are unable to return individuals to their country of origin are now legally allowed to transfer them to these hubs instead. The transfer of families with children to these return hubs is also explicitly foreseen, despite it having been excluded in earlier European Commission proposals.

Blanket Obligations and Mutual Recognition

The framework takes a much stricter approach to issuing and enforcing return orders across member states. Member states maintain a blanket obligation to issue return decisions to anyone found staying irregularly on their territory. These decisions can be issued even when immediate removal cannot be carried out due to practical obstacles, or when a return destination has not yet been identified. The regulation notably omits a previous provision that enabled member states to grant residence permits or legal status to individuals on humanitarian or compassionate grounds. Additionally, a system for the mutual recognition and enforcement of return decisions issued by another member state is introduced, supported by a new European Return Order integrated into the Schengen Information System. While not immediately mandatory, this technical framework paves the way for member states to enforce return decisions issued by others without conducting fresh situational assessments or providing effective legal remedies to the affected individuals.

Strict Cooperation and Voluntary Return

While the concept of voluntary return is maintained, the pressure on individuals to comply has intensified. The regulation provides a departure period of up to 30 days for voluntary return, which can be extended or shortened depending on the specific case and the individual's level of cooperation. The legal obligations placed on third-country nationals during return procedures are substantially increased. Failure to cooperate carries significant consequences, including shortened voluntary departure periods and the application of coercive measures aimed at facilitating forced removal.

Extended Entry Bans

Enforcement measures following a return have become significantly more stringent. The regulation considerably expands the use of entry bans across the bloc. Member states are now permitted to issue entry bans even after the affected individual has already departed the territory. Return decisions must be accompanied by an entry ban in many circumstances, such as when removal is forcibly executed or when individuals fail to comply with a return order. These entry bans can last up to ten years, and in specific security cases, for as long as twenty years.

Enhanced Powers for Search and Detection

To ensure the enforcement of these strict new rules, member state authorities have been granted sweeping new powers to locate individuals. Authorities possess significantly expanded powers to detect people who are subject to return procedures. Member state authorities will be legally permitted to enter the homes of these individuals to physically enforce returns. This unprecedented power of entry extends to the homes of the individual’s family members, as well as to shelters operated by humanitarian organizations. ECRE notes that these new search operations have been heavily criticized and likened to raids conducted by the United States Immigration and Customs Enforcement (ICE) agency.