Commission Recommendation (EU) 2023/682 on mutual recognition of return decisions and expediting returns when implementing Directive 2008/115/EC

Summary:

Recommendation adopted by the European Commission on 16 March 2023, concerning the mutual recognition of return decisions and expediting returns when implementing Directive 2008/115/EC.

Further information:

Directive 2008/115/EC - also known as the Return Directive - lays down common standards and procedures to be applied in Member States for returning illegally staying third-country nationals. Given the lack of progress on a proposed recast of the existing legislative framework, the European Commission decided to publish a set of recommendations to further improve its effective and efficient application.

With a view to facilitating and speeding up the return process, this Recommendation states that the Member State responsible for the return of an illegally staying third-country national should mutually recognise any return decision previously issued to the same person by another Member State unless the effect of such return decision has been suspended.

The Recommendation was adopted by the European Commission on 16 March 2023 and published in the Official Journal on 24 March 2023.

• Primary Source

• Alternative Source

Commentary and Analysis

European Council on Refugees and Exiles (ECRE): News, 24/03/2023: European Commission Recommendation on Mutual Recognition of Return Decisions and Expediting Returns’ When Implementing the Return Directive https://ecre.org/european-commission-recommendation-on-mutual-recognition-of-return-decisions-and-expediting-returns-when-implementing-the-return-directive/

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News

Cyprus Mail, 14/03/2023: Cyprus is one of the ‘success stories’ when it comes to stepping up on returns, EU Commissioner Johansson says https://cyprus-mail.com/2023/03/14/cyprus-is-one-of-the-success-stories-when-it-comes-to-stepping-up-on-returns-eu-commissioner-johansson-says/

EurActiv, 15/03/2023: Increase deportations, recognise migrant deals, EU tells capitals https://www.euractiv.com/section/migration/news/increase-deportations-recognise-migrant-deals-eu-tells-capitals/

EUObserver, 16/03/2023: Most Frontex deportations to take place from Germany, Italy https://euobserver.com/migration/156839

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Official

European Commission: Press Release, 14/03/2023: Managing migration: new initiatives to strengthen European integrated border management and expedite returns https://ec.europa.eu/commission/presscorner/detail/en/ip_23_1629

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