Council clinches deal on EU law about returns of illegally staying third-country nationals
Today the Council finalised its position on an EU law to speed up and simplify the procedures for the return of persons illegally staying in the member states. The regulation creates EU-wide procedures for their return, imposes obligations on those who have no right to stay and puts in place tools for cooperation between member states. It also enables member states to establish return hubs in third countries.
“Three in four irregular migrants who have been issued a return decision in the EU, continue to stay here instead of returning home.
I am delighted that we have agreed on a new EU return regulation. I believe the new set of rules significantly can help improve these numbers. For the first time illegally staying third country nationals will have obligations. And member states will have a much better toolbox – for instance it will be possible to detain for a longer period and entry bans will be longer.
On top of that today’s agreement will make it possible for both the European Union and one or more member states to make an arrangement or agreement with a third country on return hubs.”Rasmus Stoklund, Minister for Immigration and Integration of Denmark
The agreement between member states comes only six months after the European Council, on 26 June, called for efforts to facilitate, increase and accelerate returns to be intensified.
Obligations for those who are staying illegally
The return regulation will impose strict obligations on returnees – first and foremost to comply with the obligation to leave the territory of the member state in question and to cooperate with the authorities. Other obligations include remaining available to the authorities, providing them with an identity or travel document, providing their biometric data and not fraudulently opposing the return procedure.
There will also be consequences when persons who have been ordered to return do not cooperate. Member states can decide to refuse or deduct certain benefits and allowances, refuse or withdraw work permits or impose criminal sanctions which, according to the Council position, should also include imprisonment.
Enabling return hubs
The regulation clarifies that ‘country of return’ can be a country with which there is an agreement or arrangement on the basis of which the person who has no right to stay in the member states is accepted. It also sets out conditions for creating these agreements or arrangements. They may, for instance, only be concluded with a third country where international human rights standards and principles of international law, including the principle of non-refoulement, are respected. They will furthermore contain procedures for the return of an illegally staying person, the conditions for their stay in the non-EU country and the consequences if the agreement or arrangement is not respected. Such return hubs can function both as centers for onward return towards the final country of return or as the final destination.
Return of people posing security risks
The regulation puts in place special measures for people who pose a security risk. They may, for instance, be issued an entry ban that exceeds the usual maximum period of ten years, or even an indefinite entry ban. Member states can also impose detention, including detention in prison. This detention period can also be longer than normally foreseen.
Mutual recognition of return decisions
Through the mutual recognition of return decisions, member states will be able to recognise and directly enforce a return decision issued by another member state to a person who should leave the territory of the member states without having to start the procedure of issuing a new return decision. This will send a strong message to illegally staying third country nationals that they cannot avoid return by absconding to another member state.
The mutual recognition of another country’s return decision is not yet mandatory. According to the Council position, the European Commission will assess the functioning of mutual recognition two years after the entry into application and will, as appropriate, put forward a legislative proposal to make it mandatory for all member states.
European return order
The return regulation will introduce a European return order (ERO), a form on which member states will have to insert the key elements of the return decision. Member states will have to insert the ERO in the Schengen Information System – the information-sharing system for security and border management in the EU. This will facilitate mutual recognition, as member states will possess the necessary information to recognise another member state’s return decision. If a person who has been ordered to leave the EU moves on to another member state, that country will be able to directly enforce the return decision issued by the first member state based on the ERO.
Member states have decided that the European return order will be introduced within two years at the latest from the entry into force of the return regulation.
Next steps
The agreement reached today will serve as the basis for the Council to enter into negotiations with the European Parliament in order to agree on a final legal text.
Background
The Pact on Migration and Asylum, which was adopted in June 2024 and will start applying as of June 2026, deals with almost all aspects of migration and asylum policy, ranging from health and security screenings and reception conditions to asylum procedures and emergency measures. The proposal for common rules for returns complements the Pact and was presented by the European Commission in March 2025.
