The New EU Return Regulation: Overview
The European Parliament has approved a new regulation aimed at reforming the European Union’s return policy for third-country nationals who are staying irregularly in the EU. The regulation is intended to make return procedures faster and more effective, while maintaining respect for fundamental rights, international law and the principle of non-refoulement.
It represents a significant step in the EU’s broader migration management framework, as returns have long been considered one of the most difficult areas of EU migration policy.
Return Decisions and Cooperation Duties
Under the new rules, a return decision issued by the competent national authorities will require the third-country national concerned to leave the territory of the relevant Member State either immediately or within a set deadline. Individuals subject to a return decision will also be required to cooperate with the authorities during the return process.
Detention Rules
One of the most important elements of the regulation concerns detention. Member States will be allowed to detain individuals subject to a return decision where this is necessary, based on an individual assessment. Detention may be used, for example, where there is a risk of absconding, lack of cooperation, or a security risk. The maximum detention period may reach 24 months, with a possible extension of up to six additional months in certain circumstances, such as changes in the case, new information or improved cooperation with a third country.
Alternatives to Detention
The regulation also provides for alternatives to detention. Member States may require individuals to report regularly to the authorities, reside in a designated place, provide a financial guarantee or be subject to electronic monitoring. These alternatives are intended to support the effectiveness of return procedures while limiting the use of detention where other measures are sufficient.
Investigative Powers of National Authorities
The new framework also gives national authorities specific investigative powers to prepare or ensure the effective enforcement of returns. These may include searches of persons, homes or relevant premises, as well as the seizure of personal belongings or electronic devices. Such measures must be subject to judicial or administrative authorisation and must respect fundamental rights and available legal remedies under EU and national law.
Return Hubs in Third Countries
Another key aspect of the regulation is the possibility of transferring individuals subject to a return decision to so-called “return hubs” located in third countries. This will only be possible on the basis of an agreement between an EU Member State and the third country concerned. Unaccompanied minors are excluded from this mechanism. Agreements with third countries may only be concluded where the country respects human rights, international law and the principle of non-refoulement.
Security Risk Cases
The regulation also introduces stricter rules for individuals considered to represent a security risk. This reflects the EU’s objective of creating a return system that is not only faster, but also more effective in cases involving public order or security concerns.
Purpose of the Reform
According to the European Parliament, the reform aims to prevent abuse of the system and unauthorised movements within the EU, while ensuring that return procedures remain legally sound and consistent with fundamental rights. The rapporteur, Malik Azmani, described the new rules as a concrete response to citizens’ expectations that those without the right to remain in the EU should return to their country of origin.
Entry into Force and Applicability
Importantly, the regulation is not yet applicable. Following Parliament’s approval, the text must still be formally adopted by the Council and published in the Official Journal of the EU before it can enter into force. Once it enters into force, certain provisions, including those relating to return hubs, age assessment of minors and the external dimension of returns, will apply immediately. The remaining provisions will become applicable 12 months after the regulation enters into force.
