EU plans major overhaul of migrant return system

The European Commission aims to enable member states to explore “innovative ideas,” including “return centers,” with new legislation to be announced today.

The EU’s new return rules, dubbed the “missing piece” of the asylum and migration system, will be announced today at the Parliament’s plenary session in Strasbourg. The new legislation will replace the current directive, which has been in force since 2008.

Drafted as a regulation, as previously reported by Euractiv, the new text will be directly applicable and binding in all member states, eliminating the need for national implementation.

The draft regulation, seen by Euractiv, paves the way for the EU to establish controversial “return centers,” meaning special deportation centers outside the bloc.

“I aim to enable member states to consider new and innovative ideas, including return centers,” said European Commissioner for Home Affairs and Migration Magnus Brunner at a closed-door briefing on Monday.

The draft states that the new proposal will present three return scenarios for individuals: their country of origin, the country they transited through, or a country that has a “return center” agreement with an EU member state.

According to Brunner, the issue of return is an “existential” matter. “We are trying to give people the feeling that they have control over what is happening in Europe,” the Commissioner said, emphasizing that if democratic centrist parties do not address the issue, they will “collectively lose the trust of the citizens.”

A unified EU system, stricter rules

The new rules aim to create a unified return system among member states by addressing inconsistencies in “rule interpretation” to overcome the EU’s low return rates.

“Four out of every five people who have been issued a return decision remain in the European Union. This is not an acceptable situation,” Brunner stated.

As announced by the Commission on Sunday, the regulation will propose a new “European return order” and mutual recognition of return decisions among member states.

However, the draft states that this mutual recognition will not be mandatory.

The new proposal will introduce stricter rules for those who have been issued a return decision, especially those deemed a security threat.

The grounds for detention will be expanded to address the risk of flight, with a possible detention period of up to 24 months. For those deemed a security threat, the detention period is expected to continue for as long as the judge deems necessary after the assessment.

Entry bans, previously limited to 5 years, can now be extended up to 10 years, and high-risk individuals may face bans of up to 20 years. The proposal also introduces new obligations for returnees and removes the 7 to 30-day voluntary departure period, giving member states control over deadlines.

The text may also pave the way for the EU Border Agency Frontex to take on a broader role in returns, and this issue may be addressed in a future legislative amendment. Brunner said they are working on this.

President of the European Commission Ursula von der Leyen’s agenda for a second term also includes tripling the European Border and Coast Guard Agency to 30,000.

The new text is part of a broader effort towards stricter rules.

The EU migration chief confirmed plans to accelerate the safe third country review under the new Migration Pact. Last week, the Commission also confirmed that an EU list of safe countries of origin is being prepared, scheduled to be completed before June.