ECRE has published a policy note which summarises its analysis of key provisions in the proposal for a Regulation establishing a common system for the return of third-country nationals staying illegally in the Union (commonly known as the ‘Return Regulation’). The note provides a summary of the detailed analysis that ECRE presented in its recent comments paper on the Return Regulation proposal.
ECRE’s analysis indicates that the proposed Regulation falls short of achieving the objectives set out by the European Commission (EC) and risks creating a system in which an increasing number of third country nationals are left in legal limbo without access to basic rights and essential services. Although the proposal introduces a few safeguards such as the reiteration of the principle of non-refoulement, ECRE has serious concerns regarding its implications for fundamental rights, its potential to erode of procedural guarantees and its complexity, as well as about measures aimed at outsourcing responsibilities.
The note concludes with a concrete set of recommendations for the co-legislators (i.e. the Council of the EU and the European Parliament) to consider as they draft their amendments to the EC’s proposal:
- The issuance of any return decision and the mutual recognition of return decisions should not be mandatory.
- There should be a clear distinction between voluntary departure and voluntary return; voluntary departure should be preferred over enforced return.
- If an EU member state cannot determine the country of return or deportation at the moment the return decision is taken, it should not be issued.
- Return should only take place to countries of origin or formal habitual residence.
- The suspensive effect of appeal should be automatic in all instances so that the right to an effective remedy can be realised.
- Detention should be maintained as a measure of last resort and should be kept as short as possible.
- Detention periods should not be increased from those in current legislation, and unaccompanied children and families with minors should never be detained.
- Less invasive alternatives to detention should be assessed in every case where detention is considered, as well as being uncoupled from the risk of absconding.
- The obligation to co-operate and associated punitive measures should be deleted.
- Monitoring by an independent body should cover all stages of the return process.
The policy note is available here and the comments paper is available here.