Council adopts new rules on return for those with no right to stay in the EU
Today, the Council gave its final green light to new EU rules enabling more effective returns for those with no legal right to stay in the EU. As envisaged under the EU’s comprehensive approach to migration, the new rules, which will come into force in the coming weeks, complement the pact on migration and asylum and will contribute to its successful implementation.
The new rules impose obligations on those who have no right to stay in the EU. They outline EU-wide procedures for their return, including stricter rules for returning those posing a security threat.
The rules provide more tools for member states to implement returns. They also open the possibility for member states to establish return hubs in non-EU countries.
All measures related to return must be carried out in full respect of fundamental rights.
Obligations for those with no right to stay
The new rules impose obligations on non-EU nationals who have no right to stay in the EU to leave the member state concerned and to cooperate with the authorities. Failure to respect the obligation to cooperate can lead to sanctions, including reduced benefits and allowances granted in accordance with national law, refusal of incentives granted to promote voluntary return, financial penalties or even criminal sanctions, where such are foreseen in national law.
European return order and mutual recognition of return decisions
The new rules introduce a European Return Order, a form on which member states will have to insert the key elements of the return decision. This will give member states the necessary information to recognise return decisions issued by other member states.
The mutual recognition of return decisions will remain voluntary for the time being and will be reassessed three years after the new rules enter into force. The Commission may then table a legislative proposal to make mutual recognition mandatory.
Return of people posing security risks
The new rules introduce special measures for non-EU nationals who pose a security risk. For instance, member states may issue an indefinite entry ban where justified and proportionate to the security risk posed or detain such non-EU nationals for a period longer than 24 months.
Return hubs in non-EU countries
The new rules will allow member states to return persons who have no right to stay in the EU and who received a return decision to return hubs established in non-EU countries. This requires the conclusion of an agreement or arrangement with the non-EU country in question. Any such agreement or arrangement may only be concluded with a non-EU country that respects international human rights standards and principles of international law, including the principle of non-refoulement.
Unaccompanied minors are excluded from such agreements or arrangements.
Next steps
The regulation will now be published in the EU official journal and will enter into force on the following day.
A number of provisions, such as those on return hubs, will apply immediately. Other provisions requiring preparatory work will apply one year after entry into force.
