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Parliamentary questions
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5 December 2018
E-004853/2018(ASW)
Answer given by Mr Avramopoulos on behalf of the European Commission
Question reference: E-004853/2018

According to statistics published by Eurostat for Spain in 2017, 27 340 third-country nationals were ordered to leave and 10 785 were returned following an order to leave.

Statistics collected by Eurostat on enforcement of immigration legislation are based entirely on administrative sources. Member States compile data in compliance with Articles 5 and 7 of Council Regulation (EC) 862/2007(1).

The Commission is not aware of the figures referred to by the Honourable Member and is therefore not in a position to assess them. Such figures may be the result of different statistical methodology and applicable reference periods. On the basis of Regulation (EC) 862/2007, Member States do not have an obligation to share further data on administrative detention or any breakdown in relation to removals carried out from detention.

According to Article 8 of Directive 2008/115(2) Member States have an obligation to take all necessary measures to enforce return decisions. This is without prejudice to other provisions of the directive related to procedural safeguards, the EU Charter of Fundamental Rights, in particular Article 47 (right to an effective remedy) and to the general principles of EC law which require that decisions taken under the directive should be adopted on a case-by-case basis and based on objective criteria.

(1)Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers.
(2)Directive 2008/115/EC of the European Parliament and of the Council of 16.12.2008 on common standards and procedures in Member States for returning illegally staying third-country national.

Last updated: 6 December 2018Legal notice