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The Return Directive 2008/115/EC

07-07-2020

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the ...

In November 2019, the European Parliament's Committee on Civil Liberties, Justice and Home Affairs (LIBE) launched an implementation report on Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals (the 'Return Directive'). The Return Directive aims at ensuring that the return of non-EU nationals without legal grounds to stay in the EU is carried out effectively, through fair and transparent procedures that fully respect the fundamental rights and dignity of the people concerned. Tineke Strik (Greens/EFA, the Netherlands) was appointed as rapporteur. Implementation reports by European Parliament committees are routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Evaluation Unit of the European Parliament's Directorate-General for Parliamentary Research Services (EPRS). This EPRS European Implementation Assessment finds several protection gaps and shortcomings regarding the four key measures of the Return Directive – return decision, enforcement of the return decision, entry ban, and detention – which may lead to fundamental rights violations for irregular migrants. Moreover, EU return and readmission policy has increasingly resorted to informal cooperation in the external policy dimension. There have been, and continue to be, rule of law, fundamental rights, budgetary and external affairs implications flowing from the pursuit, conclusion and implementation of EU readmission agreements and agreements having equivalent effect with third countries.

Repatriation of EU citizens during the COVID-19 crisis: The role of the EU Civil Protection Mechanism

01-04-2020

According to official estimates, the COVID-19 crisis has left more than 200 000 EU citizens stranded outside the borders of the EU. EU Member States have been making great efforts to retrieve them, often with the help of the EU. The priority has been to return EU citizens by using commercial flights, but as the conditions continue to worsen, other resources have had to be utilised. EU Member States can activate the EU Civil Protection Mechanism to facilitate the repatriation of their and other EU ...

According to official estimates, the COVID-19 crisis has left more than 200 000 EU citizens stranded outside the borders of the EU. EU Member States have been making great efforts to retrieve them, often with the help of the EU. The priority has been to return EU citizens by using commercial flights, but as the conditions continue to worsen, other resources have had to be utilised. EU Member States can activate the EU Civil Protection Mechanism to facilitate the repatriation of their and other EU citizens, if the Emergency Crisis Response Centre assesses that there is no better way. So far, at least 15 countries are reported to have requested the help of the Civil Protection Mechanism, using it to organise flights co-funded with EU funds, and so far repatriating 4 382 EU citizens (and 550 others), first from China, and then from a wide range of countries, including Cape Verde, the Dominican Republic, Egypt, Georgia, Japan, Morocco, the Philippines, Tunisia, the USA and Vietnam. More flights are scheduled to bring people back from other locations. The EU Civil Protection Mechanism has been used more than 300 times to respond to disasters since its establishment in 2001. All the EU Member States, together with Iceland, Montenegro, Norway, North Macedonia, Serbia and Turkey, participate in the Mechanism, but it can also be activated by any country in the world and by certain international organisations. Once the Mechanism is activated, a number of steps follow. The Emergency Crisis Response Centre, as part of the Mechanism, decides on the best response and coordinates it. The EU funds up to 75 % of the costs of the deployment of resources. The 2019 upgrade of the Mechanism boosted the joint capacity for responding to disasters, including medical emergencies. It created rescEU, a reserve of capacities, which has now been augmented to include a stockpile of medical equipment for the COVID-19 response, 90 % of which is funded by the EU. On 27 March 2020, the Commission proposed to further boost the budget for repatriation and for the rescEU stockpile.

Recasting the Return Directive

14-06-2019

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted ...

The Return Directive is the main piece of EU legislation governing the procedures and criteria to be applied by Member States when returning irregularly staying third-country nationals, and a cornerstone of the EU return policy. Taking into account the decrease in the EU return rate (45.8 % in 2016 and 36.6 % in 2017), and following European Council and Council calls to review the 2008 legal text to enhance the effectiveness of the EU return policy, in September 2018, the Commission proposed a targeted recast of the directive aiming to 'reduce the length of return procedures, secure a better link between asylum and return procedures and ensure a more effective use of measures to prevent absconding'. In the 2014-2019 parliamentary term, the Civil Liberties, Justice and Home Affairs Committee discussed some 654 amendments to the proposal, tabled in February 2019 following the publication of the rapporteur's draft report. However, since the committee did not adopt a report at that time, the new Parliament will have to decide how to approach the file (with a new rapporteur). In the meantime, the Council has reached a partial general approach on the proposal. Second edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Data on returns of irregular migrants

05-04-2019

The Return Directive is the main piece of EU legislation applied to return procedures. Under this directive, Member States shall generally issue a return decision (an administrative or judicial decision imposing and obligation to leave the territory of Member States) against every third-country national (TCN) found to be irregularly present in their territory. A proposal to recast the EU Return Directive is currently being discussed within the European Parliament and the Council. This infographic ...

The Return Directive is the main piece of EU legislation applied to return procedures. Under this directive, Member States shall generally issue a return decision (an administrative or judicial decision imposing and obligation to leave the territory of Member States) against every third-country national (TCN) found to be irregularly present in their territory. A proposal to recast the EU Return Directive is currently being discussed within the European Parliament and the Council. This infographic aims to provide relevant data on the EU return policy.

Proponowana dyrektywa powrotowa (wersja przekształcona)

12-02-2019

W dniu 12 września 2018 r. Komisja Europejska opublikowała wniosek dotyczący przekształcenia dyrektywy powrotowej z 2008 r., w którym określono wspólne normy i procedury stosowane w państwach członkowskich w odniesieniu do powrotów migrantów o nieuregulowanym statusie niebędących obywatelami UE. Skuteczny powrót migrantów o nieuregulowanym statusie jest jednym z kluczowych celów polityki migracyjnej Unii Europejskiej. Państwa członkowskie stoją jednak obecnie przed pewnymi wyzwaniami: praktyki krajowe ...

W dniu 12 września 2018 r. Komisja Europejska opublikowała wniosek dotyczący przekształcenia dyrektywy powrotowej z 2008 r., w którym określono wspólne normy i procedury stosowane w państwach członkowskich w odniesieniu do powrotów migrantów o nieuregulowanym statusie niebędących obywatelami UE. Skuteczny powrót migrantów o nieuregulowanym statusie jest jednym z kluczowych celów polityki migracyjnej Unii Europejskiej. Państwa członkowskie stoją jednak obecnie przed pewnymi wyzwaniami: praktyki krajowe, w drodze których wdrażane są przepisy UE, różnią się między sobą, a ogólny odsetek powrotów utrzymuje się na poziomie niższym niż spodziewany. Komisja nie dołączyła do wniosku oceny skutków. W związku z tym Komisja Wolności Obywatelskich, Sprawiedliwości i Spraw Wewnętrznych Parlamentu Europejskiego (LIBE) zwróciła się do Biura Analiz Parlamentu Europejskiego o przeprowadzenie ukierunkowanej zastępczej oceny skutków proponowanego przekształcenia dyrektywy powrotowej. W ocenie uwzględniono główne oczekiwane skutki najważniejszych przepisów zawartych we wniosku Komisji i skoncentrowano się na skutkach społecznych, skutkach dotyczących praw człowieka i skutkach finansowych w porównaniu z obecną sytuacją.

EU asylum, borders and external cooperation on migration: Recent developments

21-09-2018

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

EU asylum, borders and external cooperation on migration: Recent developments

18-05-2018

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

This publication takes stock of recent EU developments in the area of asylum, borders and external cooperation on migration. It discusses key initiatives put forward by the EU in order to respond to migratory challenges, focusing on three major aspects: reforming the common European asylum system, strengthening the EU's external borders and reinforcing the EU's external cooperation on migration.

Migration [What Think Tanks are thinking]

09-03-2018

The European Union's southern borders remain under pressure from irregular migrants escaping poverty and war in the Middle East and Africa. The 2016 agreement between the EU and Turkey significantly slowed the influx to Europe through Greece of people escaping the war in Syria. However, the number of irregular migrant arrivals via other routes, especially across the central Mediterranean, remains high, boosting support for nationalist, anti-immigrant and populist groups across the EU. EU leaders ...

The European Union's southern borders remain under pressure from irregular migrants escaping poverty and war in the Middle East and Africa. The 2016 agreement between the EU and Turkey significantly slowed the influx to Europe through Greece of people escaping the war in Syria. However, the number of irregular migrant arrivals via other routes, especially across the central Mediterranean, remains high, boosting support for nationalist, anti-immigrant and populist groups across the EU. EU leaders agreed in February that the bloc should allocate more funds in its next long-term budget to the curbing of irregular migration. This note offers links to commentaries and studies on migration by major international think tanks. Earlier papers on the same topic can be found in a previous edition of 'What Think Tanks are thinking', published in June 2017.

The implications of the United Kingdom’s withdrawal from the European Union on readmission cooperation

06-02-2018

This briefing investigates the implications of the United Kingdom’s withdrawal from the European Union in the area of readmission policy as part of the wider Area of Freedom, Security and Justice. The authors examine the UK’s current engagement with the EU’s readmission policy and the asymmetrical nature of the impact of the UK’s withdrawal. They also map the potential future relationship on readmission and, using existing models of cooperation with third countries, set out how this can be structured ...

This briefing investigates the implications of the United Kingdom’s withdrawal from the European Union in the area of readmission policy as part of the wider Area of Freedom, Security and Justice. The authors examine the UK’s current engagement with the EU’s readmission policy and the asymmetrical nature of the impact of the UK’s withdrawal. They also map the potential future relationship on readmission and, using existing models of cooperation with third countries, set out how this can be structured within the future relationship agreement.

Migration into the EU [What Think Tanks are thinking]

30-06-2017

At the European Council meeting of 23 June 2017, European Union Heads of State or Government agreed to strengthen efforts to reduce irregular migration flows on the central Mediterranean route, notably by speeding up training, equipping the Libyan coast guard and improving cooperation with countries of migration origin. However, the European Council made limited progress on reforming the Common European Asylum System, with the migration debate clouded by refusal of some central and eastern European ...

At the European Council meeting of 23 June 2017, European Union Heads of State or Government agreed to strengthen efforts to reduce irregular migration flows on the central Mediterranean route, notably by speeding up training, equipping the Libyan coast guard and improving cooperation with countries of migration origin. However, the European Council made limited progress on reforming the Common European Asylum System, with the migration debate clouded by refusal of some central and eastern European countries to accept refugees under the existing quotas. This note offers links to recent commentaries and studies on migration from major international think-tanks and research institutes.

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