The Council of the EU has definitively approved the new rules on the return of third-country nationals who do not have the right to remain in the EU; these rules will take effect in the coming weeks. The rules complement the Pact on Migration and Asylum and aim to ensure its more effective implementation.
The new framework provides for uniform return procedures at the EU level and requires undocumented migrants to leave the Member State and cooperate with the authorities. Failure to cooperate may result in sanctions, such as a reduction in benefits and allowances, denial of incentives for voluntary return, monetary fines, or even criminal penalties, where provided for by national law.
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The “European Return Order” is established, a form in which Member States will record the key details of the return decision so that the decisions are recognized by other Member States. Mutual recognition remains optional for the time being and will be reviewed three years after the entry into force, at which point the Commission may submit a legislative proposal to make it mandatory.
For those who pose a security threat, Member States may impose an entry ban of indefinite duration, provided it is justified and proportionate, or detain them for a period exceeding 24 months.
The new rules also pave the way for the creation of “return hubs” in third countries. This requires an agreement or arrangement with the country in question, which must respect international human rights standards and international law, including the principle of non-refoulement. Unaccompanied minors are exempt. All return measures must be implemented with full respect for fundamental rights.
“About two out of three people who receive a departure order from the EU ultimately do not leave. The revised rules will help Member States carry out swift returns,” said Ireland’s Minister for Justice, Home Affairs, and Immigration, Jim O’Callaghan, noting that this is crucial for a common approach to managing migration under the Pact.
The regulation will be published in the Official Journal of the EU and will enter into force the following day. Certain provisions, such as those regarding return hubs, will apply immediately, while the rest, which require preparatory work, will apply one year after the regulation enters into force.
Source: KYPE
