The European Council also called on the Commission in October 2024 to draft new legislation to manage migration more comprehensively.
The EU's current return rate stands at just 20%, with different national procedures vulnerable to misuse. The proposed reform seeks to modernise, simplify, and strengthen these procedures.
The plan introduces a new EU-wide system, requiring member states to apply standardised return procedures, including a European return order. This would allow one member state to recognise and enforce another’s return decision without initiating a separate process.
Voluntary return remains encouraged, but the proposal sets out stricter rules for forced deportations. These would apply in cases where an individual refuses to cooperate, evades authorities, fails to leave within a set timeframe, or is deemed a security risk. Those subject to return orders would be required to cooperate with national authorities throughout the process.
The proposal also reinforces safeguards, ensuring compliance with fundamental rights and international human rights standards. Returnees would have the right to appeal, while minors, families, and vulnerable individuals would receive additional protections. The principle of non-refoulement would remain in place.
Stricter measures to prevent abuse and absconding are included. Member states would have enhanced powers to locate individuals subject to return orders. Clear conditions for detention are outlined, allowing authorities to detain individuals for up to 24 months, an increase from the current 18-month limit. Alternative measures to detention are also considered.
Those deemed security risks would face expedited forced returns, longer entry bans, and stricter detention rules. In exceptional cases, courts could extend detention beyond 24 months.
The proposal also introduces a common readmission procedure to ensure that a request for a third country to accept a returnee is always submitted following a return decision.
The plan includes legal mechanisms to facilitate returns through bilateral or EU-level agreements with third countries that adhere to international human rights standards, including the principle of non-refoulement.
With the EU Migration and Asylum Pact set to take effect by mid-2026, asylum applications will be processed more quickly. The Commission argues that for this system to work, deportations must also be carried out efficiently. The new proposal is intended to ensure a rapid and effective process.
HT