The European Council has adopted a new regulation on the returns of migrants outside Europe, aiming to address the low execution rate of expulsions and strengthen the migration policy. The regulation, agreed upon by the Council and Parliament in early June, allows for the creation of return hubs in third countries. These hubs will enable member states to send individuals subject to a return decision, based on an agreement or arrangement with the host country. The host country must respect international human rights norms, including the principle of non-refoulement.
The regulation includes measures to ensure that individuals concerned cooperate with authorities, under penalty of sanctions such as reduced allowances, refusal of voluntary return assistance, fines, or even criminal sanctions if national law provides for it. A common form has been established, summarizing key elements of the return decision, allowing member states to recognize decisions taken by others. This mutual recognition will be voluntary and reevaluated three years after the regulation's entry into force. The European Commission may then propose making it mandatory.
According to Antonio Costa, President of the European Council, the regulation aims to improve the effectiveness of return decisions. He noted that about two out of three individuals who received an order to leave the EU do not actually depart. The new regulation will be published in the EU's Official Journal and will enter into force the following day. Provisions on return hubs will apply immediately, while others will take effect one year after entry into force.
The regulation also provides for stricter measures, including the possibility of imposing an entry ban of indefinite duration or detention for more than 24 months. Member states can take these measures when justified and proportionate to the risk to security. However, unaccompanied minors are excluded from the scope of the regulation. The European Council emphasizes that the regulation respects international human rights norms, including the principle of non-refoulement.
The Irish Minister for Justice, Home Affairs, and Migration, Jim O'Callaghan, whose country holds the presidency of the Council, highlighted the need for more effective return policies. He stated that the current return rate is unsatisfactory and that the new regulation will help improve cooperation among member states and with third countries. The regulation is seen as a step towards a more comprehensive approach to migration management.
The adoption of the regulation is part of the European Council's efforts to strengthen its migration policy. The Council has been working on this issue for some time, aiming to find a balance between ensuring the rights of migrants and addressing the concerns of member states. The new regulation is expected to contribute to a more effective and coherent approach to returns.
The regulation will have implications for migrants and member states alike. It aims to strike a balance between ensuring that individuals who do not have the right to stay in the EU leave and protecting their human rights. The European Commission will monitor the implementation of the regulation and assess its effectiveness in achieving its objectives.
Key points
- The European Council adopts a new regulation on returns of migrants outside Europe, aiming to address the low execution rate of expulsions and strengthen the migration policy.
- The regulation allows for the creation of return hubs in third countries and includes measures to ensure cooperation from individuals concerned.
- The regulation will be published in the EU's Official Journal and will enter into force the following day, with some provisions applying immediately and others taking effect one year later.
