EU Adopts New Return Regulation
The European Union has formally adopted new rules on the return of third-country nationals who do not have a legal right to stay in the EU.
On 1 October 2026, the Council of the European Union gave its final approval to the new EU Return Regulation, completing the legislative process following the European Parliament’s approval.
The Regulation will replace the current framework established by the Return Directive (Directive 2008/115/EC) and introduce a common EU system for return procedures. The aim is to make returns more effective and to improve cooperation between Member States, while maintaining the fundamental rights and safeguards required under EU and international law.
The legislative text has now been finalised and adopted. The remaining formal step is its publication in the Official Journal of the European Union.
A more coordinated EU return system
One of the main changes is the move from a Directive to a directly applicable EU Regulation. Under the existing system, return procedures are governed by the Return Directive and implemented through national legislation. The new Regulation is intended to create a more harmonised framework and reduce differences between national return systems.
A central part of this approach is the introduction of a European Return Order. The order will contain essential information relating to the return decision issued against a third-country national and will be available through the Schengen Information System. This is intended to make it easier for authorities in another Member State to identify an existing return decision and take the appropriate action.
This is particularly relevant where a person who has received a return decision in one Member State subsequently moves to another Member State without authorisation.
The Regulation also provides for the mutual recognition of return decisions. Initially, mutual recognition will remain voluntary. However, three years after the Regulation enters into force, the European Commission will assess how the system has operated and may propose legislation making recognition mandatory.
The new system is therefore designed to treat return less as an exclusively national procedure and more as a process requiring coordination between EU Member States.
Obligations and measures under the new system
At the same time, the Regulation establishes clearer obligations for third-country nationals subject to return procedures. Individuals will be required to cooperate with the competent authorities, including by providing information necessary to establish or verify their identity and nationality and by complying with measures connected with their return.
Failure to cooperate may have consequences. Depending on the applicable national law and the circumstances of the individual case, these may include a reduction of certain benefits or allowances, exclusion from incentives available for voluntary return, financial penalties or other sanctions provided for under national legislation.
The Regulation also contains specific provisions for third-country nationals considered to pose a security risk. In such cases, Member States may apply stricter measures, including longer periods of detention and, where justified and proportionate, entry bans of indefinite duration.
Return hubs outside the European Union
One of the most significant aspects of the new Regulation is the possibility for Member States to establish arrangements with third countries for the transfer of certain people who are subject to return decisions.
These arrangements are commonly referred to as “return hubs.”
Under the Regulation, a Member State may conclude an agreement or arrangement with a non-EU country under which a third-country national who has received a final return decision may be transferred to that country. The mechanism therefore creates a legal basis within the EU return framework for returns to certain third countries other than the individual’s country of origin or previous residence.
This possibility is not automatic and is subject to a number of conditions.
In particular, the third country concerned must respect international human rights standards and principles of international law, including the principle of non-refoulement. This principle prevents a person from being transferred to a country where he or she would face certain serious risks.
The Regulation also requires the relevant agreements or arrangements to contain safeguards concerning the treatment of the people transferred and their conditions of stay in the third country. Their implementation must be monitored, and the arrangements may be suspended or terminated where the required conditions are no longer met.
Certain categories are excluded. In particular, unaccompanied minors cannot be transferred under these arrangements.
The introduction of return hubs does not mean that Member States will be required to establish them. The Regulation creates the legal possibility to use this mechanism, leaving individual Member States to decide whether to enter into the necessary agreements or arrangements with third countries.
Fundamental rights, entry into force and next steps
Although the Regulation introduces stronger mechanisms for implementing return decisions, it also expressly requires Member States to respect fundamental rights throughout the return process.
Its application must comply with the Charter of Fundamental Rights of the European Union, international law and the principle of non-refoulement. The Regulation also maintains procedural safeguards and requires the individual circumstances of the person concerned to be taken into account where required by the legislation.
Final considerations
The new framework therefore combines stronger cooperation and enforcement mechanisms with legal safeguards governing how return decisions may be implemented.
The Council formally adopted the Regulation on 1 October 2026, following its adoption by the European Parliament. The legislative process has therefore been completed and the text is final.
The Regulation must now be published in the Official Journal of the European Union. Once published, it will enter into force on the following day.
However, not all of its provisions will become applicable at the same time. According to the Council, certain provisions (including those allowing Member States to establish return hubs in third countries) will apply immediately upon entry into force. Other provisions that require additional preparations will apply one year later.
The new Regulation represents a substantial change to the EU’s existing return framework. In addition to creating common procedures, it strengthens cooperation between national authorities, introduces the European Return Order, establishes clearer duties for individuals subject to return procedures and gives Member States the possibility of using return hubs outside the EU.
How some of these mechanisms will operate in practice will become clearer as Member States begin applying the new framework and, where relevant, adopt the national measures and administrative arrangements necessary for its implementation.
