Migration: Commission proposes new European approach to returns

Return rates across the EU stand today at around 20 percent. Persons ordered to leave an EU country frequently escape the authorities. The European Commission has now proposed to help EU countries increase return rates while fully respecting fundamental rights by establishing a common EU return system. This will complement the EU Pact on Migration and Asylum which comes into effect mid-2026 and will allow for asylum applications to be processed more quickly and efficiently. 

The new common rules include: 

• Common procedures for issuing return decisions and a European Return Order to be issued alongside a national return decision.
• Mutual recognition of return decisions to allow EU countries to enforce return decisions issued by other EU countries without having to start a new process.  
• Clear rules on forced return while encouraging voluntary departures.
• Stronger obligations for returnees to cooperate with national authorities throughout the entire return procedure, like identity verification and remaining in the country.  
• Strong safeguards throughout the entire return process to guarantee that the return process is carried out in full respect of fundamental and international human rights standards.  
• Reinforced rules to prevent unauthorised movements and allowing EU countries to better locate returnees, with the possibility to request regular reporting or to reside in a place designated by national authorities.  
• Specific rules for people posing security risks: EU countries will check early on if a person presents a security risk. If they do, strict rules, including mandatory forced return, will apply. 
• Ensuring that a return decision is systematically followed up with a readmission request to the country of origin.  
• Return hubs: the new rules make it legally possible for an EU country to make an agreement or arrangement for return with a third country that respects international human rights standards and principles in accordance with international law. 

This proposal for new procedures to manage returns was announced by President von der Leyen in the political guidelines and called for by the European Council in October 2024.

Translator: Nguyễn Minh Đức

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