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| On Wednesday, MEPs approved changes to the EU’s policy on the return of third-country nationals illegally staying in the EU. | |||||||
| The new rules seek to simplify and speed up procedures, in full respect of fundamental rights and international law, including the principle of non-refoulement and the prohibition of collective expulsions, while preventing abuses and unauthorised movements within the EU. The informal agreement reached on 1 June with the Council was approved by the plenary, with 418 votes in favour, 218 against and 30 abstentions.
According to the legislation, a return decision issued by the competent national authorities to a non-EU citizen illegally staying in a Member State will entail the obligation to leave the relevant EU country immediately or within a given time. Obligation to cooperate and detention Non-EU nationals subject to a return decision will be required to cooperate with the authorities. In order to prepare their return, they may be detained, based on an individual assessment, for example if they are not cooperating, present a risk of absconding or pose a security risk. Detention will have to be ordered by an administrative or judicial authority, and may last up to 24 months. An extension of up to six months in total will be possible if circumstances change, new information emerges, or cooperation with a third country improves. A new period of detention may be applied if a third-country national moves to another Member State. Member States will also be able to require regular reporting or an obligation for the person to reside in a designated place. Alternatives to detention, such as a financial guarantee or electronic monitoring, may also be imposed. Investigative measures National authorities may carry out specific investigative actions to prepare or ensure effective return. These may include searches of third-country nationals, of residences or other relevant premises, subject to judicial or administrative authorisation, as well as the search and seizure of personal effects and electronic devices. All measures must respect fundamental rights and remain subject to safeguards and remedies in accordance with Union and national law. Agreements with countries outside the EU to accept returnees It will be possible to transfer migrants with a return decision, excluding unaccompanied minors, to “return centres” on the territory of a country that agrees to accept them, on the basis of an agreement concluded by an EU member state. These agreements can only be concluded with third countries that respect human rights, international law and the principle of non-refoulement. National authorities will have to inform the Commission and the other Member States before an agreement enters into force. Next steps Following Parliament’s approval, the text needs to be formally adopted by the Council and published in the Official Journal before it can enter into force. Some provisions, including on return centres, the age assessment of minors and the external dimension of returns, will apply immediately. Other provisions requiring preparatory steps will enter into force 12 months after the legislation enters into force. Source: EU Commission |
