EU Parliament Approves Return Regulation, Overhauling Migration Control
The European Parliament approved the Return Regulation on June 17, overhauling the EU's migration control. It expands return countries, formalizes «return hubs,» and extends detention limits to 30 months. The regulation strengthens external cooperation and Frontex's role, awaiting final Council approval.
On June 1, the Council of the EU and the European Parliament (EP) reached a political agreement on the «Regulation establishing a common system for the return of third-country nationals staying illegally in the Union» (Return Regulation). The EP approved the text on June 17 with 418 votes in favor, 218 against, and 30 abstentions.
This Regulation significantly overhauls the EU return framework, replacing the 2008 Return Directive. It expands categories of return countries to include transit, safe third countries, and first asylum countries, and formalizes «return hubs» in third countries, even for families with children. Member States (MS) must issue return decisions even if immediate removal is impossible, and a provision allowing residence permits on humanitarian grounds was omitted. The Regulation introduces a framework for mutual recognition of return decisions, potentially making it compulsory.
It maintains voluntary return with up to 30 days departure period but increases obligations for third-country nationals (TCNs), with non-cooperation leading to coercive measures. Entry bans are expanded, lasting up to ten or even twenty years, and MS powers to locate TCNs are enhanced, allowing raids into homes. Detention limits are extended to 30 months, up from 18, and previous detention periods in other MS are not counted, potentially leading to indefinite detention. Grounds for detention are also expanded.
The Regulation strengthens the external dimension of EU return policy, emphasizing cooperation with third countries on readmission, using broader EU policy tools like visa policy and trade. It also expands the role of Frontex in supporting return operations and information exchange. The Regulation awaits final Council approval; provisions on return decisions, hubs, minors, readmission, external dimension, and Frontex support will apply immediately upon publication, with the remainder entering force after 12 months.