Legislative Train Schedule
European Parliament
Please fill in this field to search

Proposal for a Regulation of the European Parliament and of the Council establishing a common system for the return of third-country nationals staying illegally in the Union

In “Promoting our European Way of Life”

PDF version

Efforts to increase the number of returns have been a feature of EU migration policy for the past 20 years. Since the 2015 peak in arrivals of asylum-seekers and irregular migrants, the EU and its Member States have stepped up efforts to build a more efficient return policy. Broad changes have been made to the internal and external dimensions of EU return policy. However, the return of third-country nationals remains a challenge, as available data suggest that among those who receive such a return decision, only about a quarter actually leave the EU .

To increase the effectiveness of the EU's return policy, the European Commission announced in its 2025 work programme that it would develop a new common approach on returns, which would include a new legislative proposal on return.

On 11 March 2025, Commission presented its proposal for a regulation that would replace the 2008 Return Directive. 

The Commission proposes to amend several provisions of the directive relating mainly to entry ban (Article 10); removal and voluntary return (Articles 12 and 13); remedies (Articles 26-28); detention of returnees (Articles 29-35). It also proposes to introduce new provisions on a new European Return Order (Article 7); a new mechanism for recognition and enforcement of decisions issued by another Member State (Article 9); the return of TCNs posing security risks (Article 16); the return to a country with which there is an agreement or arrangement for return ('return hubs') (Article 17); the obligation for a returnee to cooperate (Article 21); provisions on readmission (Article 36).

The proposal has entered the legislative process in the Council and the European Parliament. In the European Parliament, the proposal has been assigned to the Civil Liberties, Justice and Home Affairs Committee (LIBE). Malik Azmani was appointed as rapporteur for the proposal at the LIBE Committee. He adopted his draft report on 30 October 2025. The rapporteur supports the principle of mandatory mutual recognition of national return decisions. When concluding agreements with third countries, the rapporteur thinks a preference should be given to a European Union-level approach. According to him, minors and families with minors should be excluded from the return hubs in third countries. Rapporteur's text introduces an unlimited entry ban for individuals who pose such a significant security risk within the European Union, such as war criminals and terrorists. According to the draft report, detention should only be ordered as a last resort, with the maximum period of detention at 18 months, and detention of minors and families with minors must remain possible in order to prevent abuse. The report also removes the automatic suspensive effect of appeals and gives Frontex new responsibilities for monitoring fundamental rights in return procedures.

On 8 December 2025, the Council of the EU adopted a general approach on the proposal. According to the Council, when persons who have been ordered to return do not cooperate, Member States can decide, among others, to impose criminal sanctions, including imprisonment. The general approach also clarifies 'return hubs', introduces a possibility of an indefinite entry ban for persons posing security risk and makes mutual recognition of return decisions optional suggesting that the European Commission will assess the functioning of mutual recognition two years after the entry into application and will, as appropriate, put forward a legislative proposal to make it mandatory for all Member States. 

References:

Further reading:

Author: Anja Radjenovic, Members' Research Service, legislative-train@europarl.europa.eu

Visit the European Parliament homepage on Migration.

As of 20/02/2026.