The European Parliament approves the new return rules for persons without the right of residence in the European Union

The European Parliament has approved the reform of European rules regarding the return of citizens from third countries who do not have the right to reside in the European Union. The new rules introduce the obligation to cooperate with authorities, the possibility of detention to prevent absconding, investigative measures, rules for return centers outside the Union, and guarantees regarding fundamental rights, including the principle of non-refoulement.

The European Parliament has approved the new European rules regarding the return of citizens from third countries who do not have the legal right to reside in the European Union, in a file presented by rapporteur Malik Azmani as the "last piece" of the European migration system. The plenary vote was 418 in favor, 218 against, and 30 abstentions, and the text must still be formally adopted by the Council of the European Union before it comes into force.

In short The new rules apply to individuals from third countries who have received a return decision and do not have the right to reside in the European Union. The individuals concerned will be obliged to cooperate with the authorities and to leave the territory of the member state immediately or within a set timeframe. Detention may be used, based on an individual assessment, if the person does not cooperate, there is a risk of absconding, or a security risk arises. Transfer to return centers in countries outside the Union will only be possible based on an agreement with those countries and with respect for human rights, international law, and the principle of non-refoulement. Malik Azmani stated that the current return rate is 28% and that the lack of a functional system undermines trust in European migration policy.

The new rules do not concern the assessment of asylum applications, but the stage after the rejection of an application or after it is established that a person does not have the legal right to reside in the European Union. Malik Azmani, the rapporteur of the file, insisted at a press conference that the regulation refers to individuals who have received a return decision and must leave the Union.

"This is not about asylum applications and how they are assessed," Azmani said, responding to a question regarding protection criteria. He explained that the text applies to those who "do not have the legal right to reside in the European Union."

The political stakes are the low return rates. Azmani said that currently, only 28% of rejected asylum seekers actually return to their country of origin. In his opinion, this situation puts pressure on migration and asylum systems, creates frustration among citizens, and affects trust in European migration policy.

"Now, only 28% of rejected asylum seekers actually return to their country of origin," said the rapporteur. He added that returns must be "firm where necessary and protective where it matters."

The regulation starts from the idea that a return decision must have real consequences. A person in illegal residence will have to cooperate with the authorities and leave the member state immediately or within the established timeframe. Failure to fulfill this obligation may lead to additional measures, including entry bans, detention, or, as a last resort, transfer to a return center outside the Union.

Detention will not be automatic. The text provides that it must be based on an individual assessment and be ordered by an administrative or judicial authority. It may be used, for example, if the person does not cooperate, presents a risk of absconding, or poses a security risk.

The duration of detention may reach 24 months. A total extension of up to six months will be possible if new circumstances arise, new information is available, or if cooperation with a third country improves. If the person moves to another member state, a new detention period could begin.

The rules also provide alternatives to detention. Member states will be able to impose periodic reporting to authorities, the obligation to reside in a designated place, financial guarantees, or electronic monitoring. These options aim to prevent absconding without always resorting to detention.

National authorities will be able to take investigative measures to prepare for or ensure an effective return. These may include searches of targeted individuals, their residences, or other relevant spaces, as well as the search and seizure of personal belongings or electronic devices. Measures must be authorized administratively or judicially and must respect fundamental rights, guarantees, and remedies provided by Union law and national law.

The most discussed part of the reform concerns return centers outside the Union, known in the European debate as "return hubs." The text allows the transfer of individuals with a return decision, with the exception of unaccompanied minors, to the territory of a third country that accepts this based on an agreement with a member state of the Union.

These agreements can only be concluded with countries that respect human rights, international law, and the principle of non-refoulement. National authorities will need to inform the European Commission and other member states before the agreements begin to apply.

When asked how human rights can be guaranteed in the case of return centers, Azmani stated that the regulation includes explicit references to fundamental rights and international standards. He pointed to the article regarding return centers, which requires that agreements be concluded only with third countries where international standards regarding human rights and the principle of non-refoulement are respected.

"The entire regulation, and this was also my objective as a rapporteur, must be legally sound," Azmani said. He also mentioned independent monitoring mechanisms to assess compliance with these guarantees.

The rapporteur rejected comparisons with the ICE system in the United States, stating that these are a political framing made by opponents of the regulation. He said that the article on active detection, found in the initial proposal, was removed and that the adopted text does not contain such a system.

Azmani linked the new rules to the European Pact on Migration and Asylum. In his wording, the pact secures "the front door," meaning the entry and asylum procedures, while the regulation on returns should control "the back door," meaning the situation of individuals who do not have the right to reside and do not leave. "With the migration pact, we secured the front door. Today we secured the back door," said the rapporteur.

For states at the external borders of the Union, such as Greece, Azmani said that more efficient returns should reduce the incentive for irregular migration. In his opinion, if individuals who do not have the right to reside know that return decisions are enforced, pressure on entry routes could decrease.

He emphasized, however, that voluntary return remains the first option. According to the rapporteur, voluntary departure is more efficient, less costly, and more sustainable in the long term. Firmer measures intervene when the person does not cooperate.

"Voluntary return is and remains our first choice, more efficient, less costly, and more sustainable in the long term," said Azmani.

The regulation also introduces greater attention for individuals who pose security threats. For war criminals and terrorists, Azmani said there will be a permanent entry ban.

Another dimension of the file is cooperation with countries of origin. The rapporteur said that for too long, the lack of cooperation from some countries of origin has undermined return efforts. The new regulation provides tools to encourage these countries to readmit their own citizens.

The European Parliament specifies that some provisions, including those regarding return centers, the assessment of the age of minors, and the external dimension of returns, will apply immediately after the entry into force. Other provisions, which require administrative preparations, will apply 12 months after the legislation comes into force.

The reform of return rules is presented as part of the new European migration and asylum system. It comes after nearly two decades in which the European Union has failed to adopt new rules in this area. The current directive dates back to 2008, and rapporteur Malik Azmani stated that the differences between the practices of the 27 member states have made coherent application of return decisions difficult.

https://2eu.brussels/ro/stiri/parlamentul-european-aproba-noile-reguli-de-returnare-pentru-persoanele-fara-drept-de-sedere-in-uniunea-europeana