European Parliament approval of the Return Regulation
On 1 June, the Council of the EU (Council) and the European Parliament (EP) reached a political agreement on the ‘Regulation establishing a common system for the return of third-country nationals staying illegally in the Union’ (commonly known as the ‘Return Regulation’). The agreed text was approved by the EP in a plenary vote on 17 June (418 votes in favour, 218 against and 30 abstentions).
The adoption of the Return Regulation represents a major overhaul of the EU return framework which had been based on the ‘Directive on common standards and procedures in Member States for returning illegally staying third-country nationals’ (Return Directive) since 2008. Its provisions go beyond the already restrictive measures that were included in the European Commission’s (EC) 2025 proposal and largely reflect the EU’s growing emphasis on accelerating returns and strengthening migration control measures.
A number of key elements of the agreed text are set out below:
1. Expansion of countries of return and return hubs
The Regulation significantly broadens the categories of countries to which people may be returned. In addition to countries of origin or countries of habitual residence, returns may also take place to countries of transit, safe third countries, first countries of asylum and third countries with which a formal agreement or an informal arrangement has been concluded.
The Regulation also formalises the possibility of establishing so-called “return hubs” in third countries. EU member states (MS) that are unable to return people to their countries of origin are now allowed to transfer them to third countries with which agreements or arrangements have been made. The transfer of families with children to return hubs is also foreseen, despite it having been explicitly excluded in the EC proposal.
2. Blanket obligation to issue return decisions and mutual recognition
The Regulation maintains the obligation for MS to issue return decisions to people found to be staying irregularly on their territory. It also allows for return decisions to be issued even when removals cannot be carried out immediately due to practical obstacles or when the country of return has not yet been identified.
The Regulation omits a provision that had enabled MS to grant a residence permit or legal status to people on humanitarian or compassionate grounds, despite it having been a feature of both the Return Directive and the EC proposal.
The Regulation also introduces a system for the recognition and enforcement of return decisions issued by another MS. Although mutual recognition is not immediately mandatory, the Regulation establishes the necessary legal and technical framework, including a new European Return Order and its integration into the Schengen Information System, thus paving the way for making mutual recognition compulsory in the future. As a result, MS could be required to enforce return decisions that have been issued by other MS without conducting a fresh assessment of the situation or providing effective legal remedies to the people concerned.
3. Voluntary return and obligations to co-operate
The Regulation maintains the possibility of voluntary return and provides for a departure period of up to 30 days, which may be extended or shortened, depending on the specific circumstances of the case and the affected person’s level of co-operation. It also substantially increases the obligations placed on TCNs during return procedures. Failure to co-operate may have significant consequences, including the shortening of voluntary departure periods and the application of coercive measures aimed at facilitating removal.
4. Entry bans and enhanced enforcement measures
The Regulation considerably expands the use of entry bans, including by allowing MS to issue them even after the affected person has departed. Return decisions must now be accompanied by an entry ban in a wide range of circumstances, including when removal is enforced or when people fail to comply with a return order. Entry bans may last for up to ten years and, in certain cases, up to twenty years.
5. Enhanced powers to locate TCNs
The Regulation provides MS with significantly expanded powers to detect people who are subject to return procedures. As a result, MS authorities will be allowed to enter their homes as well as those of their family members and shelters run by humanitarian organisations in raids that have been likened to those conducted by the United States Immigration and Customs Enforcement (ICE) agency.
6. Detention and deprivation of liberty
The Regulation allows detention for up to 30 months. This represents a significant increase from the 18-month limit that is set out in the Return Directive. In addition, when a person is found staying irregularly in a MS, their previous periods of detention in other MS are not taken into count. As a result, they may be detained again for the maximum period. This effectively creates a system of potentially indefinite detention.
The Regulation also significantly expands the grounds for detention and links them to a broad and vaguely defined set of obligations, including the duty to co-operate and an extensive list of criteria for determining a risk of absconding. Taken together, these provisions risk making detention the default response in return procedures, rather than a measure of last resort.
7. Readmission, external action and the role of Frontex
The Regulation further strengthens the external dimension of EU return policy by placing increased emphasis on co-operation with third countries on readmission. It explicitly encourages the use of broader EU policy tools including visa policy, trade, development co-operation and diplomacy to improve third-country cooperation on returns.
In addition, the Regulation further expands the role of the European Border and Coast Guard Agency (Frontex), particularly in supporting return operations, information exchange and the implementation of the new digital return architecture.
Next steps
The Return Regulation is currently awaiting final approval by the Council. As soon as it is published in the Official Journal of the EU, the provisions covering return decisions, return hubs, return of minors, readmission, external dimension and co-operation with third countries, designation of competent national authorities and Frontex support will all be applicable immediately. The remainder of the Regulation will enter into force after a 12-month delay.
Related articles
- ECRE’s reaction to the Council and Parliament agreement on the Return Regulation (June 2026)
- ECRE Statement: European Parliament Vote on the Return Regulation (March 2026)
- Joint Civil Society Statement on the Council’s Position on the Return Regulation Proposal (December 2025)
- ECRE Policy Note: Towards a point of no return for fundamental rights? The EC’s proposal for a Return Regulation (November 2025)
- ECRE Comments Paper: Proposal for a Return Regulation (June 2025)
See also