EU Commission Proposes New Common European System for Returns

On Tuesday 11 March 2025, the European Commission proposed a Common European System for Returns, aiming for faster, simpler and more efficient procedures across the EU.

This new legal framework for returns complements the Pact on Migration and Asylum, which promotes a comprehensive approach based on solidarity and responsibility.

With return rates across the EU currently standing at only 20% and with a fragmentation of different systems reportedly lending themselves to abuse, the Commission said a modern, simpler and more effective legal framework is needed. The new rules are expected to give Member States the necessary tools to make return more efficient while fully respecting fundamental rights.

The new common rules cited by the Commission include:

- a truly European system in the form of a regulation with common procedures for the issuance of return decisions and a European Return Order to be issued by Member States. With currently 27 different systems, this is expected to limit the fragmentation at EU level;

- mutual recognition of return decisions will allow a Member State to recognise and directly enforce a return decision issued by another Member State without having to start a new process. By 1 July 2027, a year after the Pact on Migration and Asylum enters into application, the Commission will review whether Member States have established appropriate arrangements to effectively process European Return Orders and adopt an implementing decision that will make it mandatory to recognise and enforce a return decision issued by another Member State;

- clear rules on forced return, while incentivising voluntary return: forced returns will be mandatory when a person illegally staying in the EU does not cooperate, absconds to another Member State, does not leave the EU by the given deadline for voluntary departure or is deemed a security risk. This approach is said to incentivise voluntary return within the given deadlines for departure from the EU;

- stronger obligations for returnees balanced against clear safeguards: explicit obligations to cooperate with national authorities throughout the entire return procedure. These are complemented by clear consequences in case of non-cooperation such as the reduction or refusal of allowances or seizure of travel documents. At the same time, incentives to cooperate will be strengthened, including support for voluntary return;

- strong safeguards throughout the entire return process: all measures related to return must be carried out in full respect of fundamental and international human rights standards. This is set to be ensured through clear procedures such as the right to appeal, support for vulnerable persons, strong safeguards for minors and families and the adherence to the principle of non-refoulement;

- stricter rules to limit abuse and manage absconding: Member States will be equipped with reinforced rules to locate returnees, with the possibility to request a financial guarantee, regular reporting or to reside in a place designated by national authorities. The new rules are said to set out clear conditions for detention if there is a risk of absconding as well as alternatives to detention. Detention may go up to 24 months, compared to eighteen months currently. In addition, the suspensive effect of return decisions will no longer be automatic, unless there are issues related to non-refoulement;

- specific rules for people posing security risks: Member States will have to screen early-on whether a person presents a security risk. Once identified, such individuals become subject to strict rules, including mandatory forced return, longer entry bans, separate detention grounds. Detention may be extended beyond the normal 24 months on order of a judge;

- readmission as part of the return process: to close the gap between a return decision and the actual return to a third country, the new rules establish a common procedure to ensure that a return decision is systematically followed up with a readmission request. They also allow for data transfers to third countries for the purpose of readmission;

- return hubs: Member States have called for innovative solutions for migration management. This proposal introduces the legal possibility to return individuals who are illegally staying in the EU and have received a final return decision, to a third country based on an agreement or arrangement concluded bilaterally or at EU level. Such an agreement or arrangement can be concluded with a third country that respects international human rights standards and principles in accordance with international law, including the principle of non-refoulement. Families with minors and unaccompanied minors are excluded and the implementation of such agreements or arrangements must be subject to monitoring.

"Today only around 20% of those who have a return decision leave Europe. This number is by far too low. This is why we will put in place common rules for return decisions, with a European Return Order and mutual recognition of return decisions by Member States. We will always fully respect fundamental rights and international law, but those with no right to stay must be swiftly removed and there must be clear consequences for those who do not cooperate," stated the President of the European Commission, Ursula von der Leyen.

It is now up to the European Parliament and the Council to agree on the proposal. The Commission said it will support co-legislators to advance on negotiations for this draft regulation. The Commission will also publish a Staff Working Document detailing the evidence used to prepare the proposal.

IK