Proposal for a Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (recast)

Author (Corporate)
Series Details COM (2018) 634
Publication Date 12/09/2018
Content Type

Summary:

Legislative initiative - adopted by the European Commission in September 2018 - revising the so-called Return Directive, which aims at returning irregular migrants more effectively.

Further information:

Making returns more effective and stepping up the return rate throughout the European Union (EU) were pinpointed as priorities by the EU institutions throughout the years, as stated by the European Agenda on Migration, the EU Action Plan on Return and the Renewed Action Plan on Return. In June 2018, the European Council also underlined the need to step up the effective return of irregular migrants. Consequently, the European Commission put forward on 12 September 2018 a proposal revising Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the Return Directive).

The aim of the proposed recast Directive is to:

  • Accelerate and simplify border procedures;
  • Reduce the time limits for appeals and restrict the suspensive effect of appeals against return decisions;
  • Oblige the Member States to set up voluntary return programmes and give them an option to shorten the period for voluntary return;
  • Oblige persons subject to a return procedure to cooperate when verifying their identity and acquiring travel documents for the return;
  • Introduce a new minimum detention period of at least three months.

The Council of the European Union reached an agreement on a partial general approach on 7 June 2019.

Source Link https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2018:634:FIN
Related Link(s)
Commentary and Analysis
EU Law Analysis, 12/09/2018: Lock ‘em up: the proposal to amend the EU’s Returns Directive http://eulawanalysis.blogspot.com/2018/09/lock-em-up-proposal-to-amend-eus.html
Migration Policy Institute, 10/01/2019: An 'Informal' Turn in the European Union’s Migrant Returns Policy towards Sub-Saharan Africa https://www.migrationpolicy.org/article/eu-migrant-returns-policy-towards-sub-saharan-africa
EPRS: Briefing, April 2019: Recasting the Return Directive http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2019)637901
University of London: RLI Blog, 29/05/2019: The Recast of the EU Returns Directive: Human Rights Lost Again? https://rli.blogs.sas.ac.uk/2019/05/29/the-recast-of-the-eu-returns-directive-human-rights-lost-again/

News
ECRE: 14/09/2018: European Commission releases proposal to recast Return Directive https://www.ecre.org/european-commission-releases-proposal-to-recast-return-directive/
EUObserver, 05/06/2019: Decision on migrant-returns hits parliament logjam https://euobserver.com/migration/145091

Official
European Parliament: Legislative Observatory: Procedure File for Proposal on returning illegally staying third-country nationals (recast) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2018/0329(OLP)
EP: Legislative Train: Proposal for a recast of the Directive on common standards and procedures in Member States for returning illegally staying third-country nationals http://www.europarl.europa.eu/legislative-train/theme-towards-a-new-policy-on-migration/file-proposal-for-a-recast-of-the-return-directive
Council of the European Union: Press Release, 07/06/2019: Migration policy: Council agrees partial negotiating position on return directive https://www.consilium.europa.eu/en/press/press-releases/2019/06/07/migration-policy-council-agrees-partial-negotiating-position-on-return-directive/

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