The European Union has taken a significant step towards managing irregular migration by approving new rules to expedite the return of third-country nationals without a legal right to stay. On October 1, 2026, EU interior ministers gave their final green light to a new regulation that aims to make return procedures faster and more coordinated among member states. This regulation is part of the European Pact on Migration and Asylum, which came into effect in June 2026.
The new regulation imposes obligations on individuals subject to a return decision to leave the member state that issued the decision and cooperate with authorities. Failure to cooperate may result in sanctions, including reduced benefits or allowances, suspension of voluntary return incentives, financial penalties, and, where national law permits, criminal sanctions. Additionally, the regulation introduces a European Return Order, a document that standardizes return decisions and facilitates their recognition by authorities in other member states.
A key innovation in the regulation is the possibility for member states to transfer individuals subject to a return decision to "return hubs" in third countries. This transfer must be based on an agreement or arrangement with the host country, which must adhere to international human rights standards and the principle of non-refoulement. This principle prohibits returning individuals to countries where they risk persecution or serious human rights abuses. The concept of return hubs has sparked debate within the EU, with several member states, including Greece, Denmark, and Germany, exploring pilot projects.
The regulation also addresses specific concerns related to third-country nationals considered a security risk. Member states may impose an entry ban of indefinite duration if justified and proportionate. Detention periods prior to return may exceed 24 months under certain conditions. These measures are accompanied by guarantees to protect fundamental rights. The EU Council emphasizes that all return-related measures must respect fundamental rights and international law.
The new regulation is part of the European Pact on Migration and Asylum, which aims to establish common procedures for asylum applications and a solidarity mechanism among member states. The European Commission views improving return rates as crucial to the functioning of the new system. In 2025, the effective return rate was 28%, still considered insufficient given the number of return decisions issued.
The regulation will be published in the Official Journal of the European Union and enter into force the following day. Certain provisions, particularly those related to return hubs, may apply immediately, while others will have a preparation period of up to one year. The Commission will review the regulation's implementation, including the mutual recognition of return decisions, three years after its entry into force.
The EU's efforts to manage irregular migration have been ongoing, with a focus on balancing effective returns with respect for human rights. The new regulation aims to strike this balance by streamlining return procedures while ensuring that individuals are not returned to situations where they may face harm. As the EU continues to grapple with migration challenges, this development is seen as a critical step towards a more cohesive and effective approach.
Key points
- EU member states have approved new rules to accelerate the return of third-country nationals without legal right to stay.
- The regulation introduces a European Return Order and allows for the transfer of individuals to "return hubs" in third countries.
- The new rules aim to improve return rates, which were 28% in 2025, and ensure respect for fundamental rights and international law.
