The European Commission proposes the creation of a common European system for migrant returns.
The new legal framework includes faster, simpler and more effective return procedures and complements the Pact on Migration and Asylum, which will enter into force in the middle of next year.
The Commission states that the new rules introduce a common approach to migration and will increase the effectiveness of returns.
A truly European system will be introduced in the form of a regulation with common procedures for issuing return decisions and a European return order to be issued by the Member States. With the current 27 different systems, this will limit fragmentation at Union level.
Mutual recognition of return decisions will allow a Member State to recognise and directly execute a return decision issued by another Member State without having to start a new process.
Clear rules on forced returns will be set out, while encouraging voluntary returns. Forced returns will be mandatory when a person staying illegally in the EU does not cooperate, absconds to other Member States, does not leave the EU within the set period or poses a security risk.
Stronger obligations are foreseen for returnees to cooperate with national authorities throughout the return procedure. Failure to cooperate will result in the withdrawal or reduction of benefits or the confiscation of travel documents.
Strong safeguards are imposed throughout the return process: all return-related measures will be carried out in compliance with human rights standards.
Stronger rules are introduced to limit abuse and absconding, including the tracing of returnees with the possibility of requesting a financial guarantee or residence in a place determined by national authorities.
Member states will check at an early stage whether a person poses a security risk. Once identified, such persons become subject to strict rules, including mandatory forced return and longer entry bans.
The new rules establish a common procedure for return decisions to be systematically accompanied by readmission requests. This will bridge the gap between the return decision and the actual return to a third country. For the purposes of readmission, the necessary data will be made available to third countries.
A legal possibility is introduced for the return of persons who are illegally staying in the EU and who have received a final return decision to a third country on the basis of an agreement or arrangement concluded bilaterally or at EU level. Such an agreement may be concluded with a third country that complies with international human rights standards.