Common System for Return of Third-Country Nationals

The aim of the proposal is to introduce a standardised procedure for the return of third-country nationals who are not entitled to international protection in the EU. This is to be achieved through the standardisation of a binding EU-wide return procedure and greater coordination between the member states. To this end, the Commission wants to expand the legal basis for detention to clarify identity and for repatriation.

cep migration expert Andrea De Petris is critical of the proposals: "An effective return policy must not be viewed in isolation. It must be embedded in balanced migration management that promotes legal pathways and takes social integration seriously." In particular, the planned return centres in third countries raise a number of legal questions on which the proposal offers no guidance. It must be ensured that the return procedure is carried out in accordance with the relevant obligations under EU law, international law and international humanitarian law. The European Return Orders also threaten to trigger a transfer of responsibility between Member States with regard to the enforcement of readmission orders.

Despite the far-reaching changes, key challenges in migration policy remain. In view of the political importance of the issue and its influence on social discourse, De Petris urges caution: "Overambitious promises could further undermine citizens' trust in migration policy management in the long term, with even more dangerous consequences for election results".