Brussels – Europe and the Arabs

On Thursday, the Council of the European Union gave the final green light to new rules enabling more effective return operations for individuals who do not have a legal right to remain in the Union. Aligned with the EU’s comprehensive approach to migration, these new rules—set to enter into force in the coming weeks—complement the Pact on Migration and Asylum and will contribute to its successful implementation.
The new rules impose obligations on individuals lacking the right to stay in the EU and establish standardized, Union-wide procedures for their return, including stricter rules for returning those who pose a security threat.
The rules provide Member States with additional tools to carry out returns and allow for the establishment of return centers in countries outside the EU.
"All measures related to return must be implemented with full respect for fundamental rights."
A statement issued in Brussels on the sidelines of the meeting of EU interior ministers quoted the current rotating presidency as follows:
"Almost two out of every three people issued an order to leave the EU do not actually leave. The revised return rules adopted today will help Member States carry out swift and effective returns. This is crucial for achieving a common approach to migration management within the framework of the Pact on Migration and Asylum," stated Jim O'Callaghan, Ireland's Minister for Justice, Home Affairs, and Migration. Obligations for those without the right to remain
The new rules impose obligations on non-EU nationals who do not have the right to remain in the EU, requiring them to leave the Member State concerned and cooperate with the authorities. Failure to comply with the duty to cooperate may lead to sanctions, including the reduction of benefits and allowances granted under national law, the denial of incentives for voluntary return, financial penalties, or even criminal sanctions where provided for by national law.
European return order and mutual recognition of return decisions
The new rules introduce the "European return order," a standard form in which Member States must include the key elements of a return decision. This form will provide Member States with the information necessary to recognize return decisions issued by other Member States.
Mutual recognition of return decisions will remain voluntary for the time being, subject to re-evaluation three years after the new rules enter into force. The Commission may then put forward a legislative proposal to make mutual recognition mandatory. Return of individuals posing a security risk
The new rules introduce special measures regarding non-EU nationals who pose a security risk. For instance, Member States may impose an indefinite entry ban—provided it is justified and proportionate to the security risk involved—or detain such individuals for a period exceeding 24 months. Return centers in non-EU countries
The new rules will allow Member States to transfer individuals who do not have the right to remain in the EU—and who are subject to a return decision—to return centers established in countries outside the EU. This requires concluding an agreement or arrangement with the relevant non-EU country. Such an agreement or arrangement may only be concluded with a country that respects international human rights standards and principles of international law, including the principle of non-refoulement.
Unaccompanied minors are excluded from the scope of these agreements or arrangements.
According to the European statement, the regulation will now be published in the Official Journal of the European Union and will enter into force the day following its publication.
Many provisions—such as those concerning return centers—will apply immediately, while other provisions requiring preparatory work will apply one year after the regulation enters into force.