Introducing the new “European Return Order” that will serve as a common ground for decisions among the 27 member states, providing “clarity” for the entire Union. This is one of the major innovations contained in the new EU return regulation, expected to be unveiled tomorrow, as seen in a draft reviewed by ANSA.
The regulation consists of 52 articles and is directly and mandatorily applicable by individual member states. “The current patchwork of 27 different national return systems, each with its own approach and procedures, compromises the effectiveness of returns at the EU level,” as stated in the introduction of the text.
Article 10 of the return regulation establishes the “entry ban” into the EU territory for individuals who “do not cooperate with the voluntary return process” – applicable to those who are not eligible for asylum – or do not leave the member state “by the indicated date” or move to another member state “without authorization.” The ban – which can last up to 10 years – is also triggered under Article 16 for those posing “a security risk” to EU countries.
The European Commission’s proposal for return regulation “introduces the possibility of returning” individuals “who have been issued a return decision to a third country with which there is a return agreement or understanding (return hub).” This is stated in the draft. “The possibility of returning irregular migrants to such countries should be subject to specific conditions to ensure respect for the fundamental rights of the individuals involved,” it further explains.
Socialists in the EU Say ‘No’ to Return Hubs in the EU Directive
The Socialist group emphasizes that return hubs cannot be part of the EU’s vision on returns. This statement comes after revelations about the return directive set to be presented in Strasbourg tomorrow. The Socialists and Democrats group reiterates their commitment to working constructively on the return directive in line with progressive values.
Central Pillar: A European System for Returns
“Establishing an effective and common European system for returns is a central pillar of the Migration and Asylum Pact. For any migration management system to work, there must be a credible and effective return policy. When individuals who do not have the right to remain in the EU stay, the entire migration and asylum system is undermined. It is unfair to those who have followed the rules, compromises Europe’s ability to attract and retain talent, and ultimately erodes public support for open and tolerant societies. It encourages illegal arrivals and exposes migrants to precarious conditions and exploitation by criminal networks,” as stated in the text.
“Currently, only about 20% of third-country nationals who are ordered to leave the Union actually do so. Those who are instructed to leave often evade authorities and move to other member states,” it continues.
“The current return directive leaves a wide margin for national legislations to implement EU rules and for national courts to interpret them. Member states report issues related to the lack of clarity in the rules and the prolonged administrative procedures, which compromise due process. This creates ambiguity and uncertainty for affected third-country nationals and the authorities managing returns,” the EU Regulation explains. It further highlights the challenges faced by member states in tracking individuals during different phases of the return procedures, slowing down or impeding progress.
“This proposal respects fundamental rights and observes recognized principles, particularly those enshrined in the Charter of Fundamental Rights of the European Union, as well as obligations arising from international law, including the Geneva Convention on the Status of Refugees, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Convention against Torture, and the UN Convention on the Rights of the Child,” it concludes.
Reproduction reserved © Copyright ANSA
