The Commission is “aiming to make it possible” for member states to explore innovative ideas, including “return hubs,” in new legislation set to be unveiled today.
The EU’s new return rules – the so-called “missing piece” of the asylum and migration system – are set to be unveiled during Parliament’s plenary session in Strasbourg today. The new legislation will replace the existing directive, which has been in place since 2008.
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The new text, which as Euractiv previously reported is set to be a regulation, will be directly applicable and binding in all member states, bypassing the need for national implementation.
The draft regulation seen by Euractiv paves the way for the EU to establish controversial “return hubs” – dedicated deportation centers outside the bloc.“I aim to make it possible for member states to think about new, innovative ideas, including return hubs,” EU Commission chief Magnus Brunner said during a closed-door briefing on Monday.
The issue has been under EU-level discussion for months, with Commission President von der Leyen raising the concept in a letter to member states last October, calling for further exploration.
The new proposal will outline three return scenarios for individuals: their country of origin, the country they transited from, or a country with a “return hub” agreement with an EU member state, the draft reads.
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According to Brunner, the issue of returns is “existential”. “We try to give people the feeling that they have control over what is happening in Europe”, the Commissioner said. He stressed that if the democratic center parties do not address the issue, “we will lose the trust of our citizens altogether.”
A unified EU system and harsher rulesThe new rules aim to create a unified return system across member states, addressing inconsistencies in rule interpretation to tackle the EU’s low return rates.
“Four out of five people with a return decision remain in the European Union,” Brunner said. “That’s not acceptable.”
As announced by EU Commission President on Sunday, the regulation will propose a new “European return order,” and mutual recognition of return decisions among member states. However the draft says this mutual recognition will not be mandatory.
The new proposal will introduce tougher rules for individuals with a return decision, particularly those considered security threats. Detention grounds should be expanded to address the risk of absconding, with a possible detention period of up to 24 months. For those deemed security risks, detention is expected to last as long as a judge deems necessary following assessment.
Entry bans, previously capped at 5 years, could now extend to 10 years, with high-risk individuals facing bans of up to 20 years. The proposal will also introduce new obligations for returnees and removes the fixed 7 to 30-day voluntary departure period, giving member states control over deadlines.
The text could also pave the way for a broader role for the EU Border Agency Frontex in returns, to be addressed in a future regulatory reshuffle. “We are working on that,” Brunner said.
European Commission President Ursula von der Leyen’s second-term agenda includes tripling the European Border and Coast Guard to 30,000, a move that will require a major regulatory overhaul.
The new text forms part of a broader push for stricter rules. The EU migration chief has confirmed plans to fast-track the safe third country review under the new Pact of Migration.
Last week, the Commission also confirmed that an EU safe country of origin list is in the making, set for completion before June.
Euractiv has previously reported that the Commission was consulting member states to accelerate the review to March instead of June.
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