The Council has green-lit a notable tightening of EU immigration policy. The new legislation is to impose Union-wide obligations on those without a right of residence and to enable crackdown cooperation between member states, as well as the establishment of return centres in third countries.
European ministers meeting at the EU Home Affairs Council on Monday, 8 December, approved the Return Regulation stipulating a harsher policy on the returns of irregular migrants. The green light to the so-called “general approach” of the new regulation provides for the simplification and acceleration of return procedures and allows member states to establish hubs in third countries.
For European Commissioner for Home Affairs and Migration, Magnus Brunner, the Return Regulation “was a missing piece in European migration and asylum policy, and today we have achieved it. Strict rules for those who pose a security threat and a risk to public safety in a member state” of the European Union, the commissioner said.
The Council and the Commission are thus putting European house in order, he said. “This is important, and now everything depends on the next steps. Obviously, migration diplomacy sees us engaged with third countries. But today we were truly effective in achieving results, in implementing them, and as I said, in putting our European house in order,” Mr Brunner concluded.
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Launching migration diplomacy
The Return Regulation will impose strict obligations on returnees, primarily to comply with the obligation to leave the territory of the member state in question and to cooperate with the authorities. Other obligations include remaining at the disposal of the authorities. The returnees will also have to provide authorities with their identity or travel documents and biometric data.
There will also be consequences if those ordered to return do not cooperate. The legislation will make it illegal to resist the return procedure fraudulently. Member states may decide to refuse or deduct certain benefits and allowances, refuse or revoke work permits, or impose criminal sanctions, which, according to the Council’s position, should include imprisonment. The Regulation clarifies that the “country of return” may be a third country (provided such a third country accepts the returnee under an agreement or arrangement with the member state in question).
According to Danish Migration Minister Rasmus Stoklund, “Three out of four irregular migrants for whom a return decision has been issued in the EU remain, instead of returning home. I am pleased that we have agreed on a new EU return regulation. I believe the new set of rules can significantly contribute to improving these figures. For the first time, irregularly staying third-country nationals will have obligations,” he said.
Today, the Council’s decisions appear to echo and respond to the provocations of Donald Trump’s recently presented National Security Strategy plan. “The legislation adopted today puts our European house in order. This is important, and now everything depends on the next steps. Of course, migration diplomacy sees us engaged with third countries. But today we have been really effective in achieving results, in making things happen,” Mr Brunner added.
NGOs alarmed
The regulation provides for special measures for people who pose a security risk. For example, they can be issued an indefinite entry ban, exceeding the usual maximum period of ten years. Member states may also impose detention, including in prison. This detention period may be longer than normally provided for. This measure may seek to send a strong message to third-country nationals residing illegally: they cannot avoid deportation by fleeing to another member state.
Civil society is deeply concerned about the passage of Article 23 of the regulation. It would allow authorities to conduct home raids, investigations, and further checks to enforce deportations. The searches would cover both the homes of those to be deported and ‘other relevant premises’, potentially opening the door to police raids on the homes of citizens suspected of hosting migrants, as well as on the offices and centres run by humanitarian organizations.
“Today, EU home affairs ministers are likely to significantly worsen the Commission’s already punitive and deeply flawed Return Regulation proposal,” said Olivia Sundberg Diez, EU Advocate on Migration and Asylum at Amnesty International. Detention as a default, home raids, new sanctions and surveillance on undocumented people, and deportations at any cost systematically dismantle rights protections and allowing for indefinite detention in some cases, she insists. “Mirroring the dehumanizing and unlawful mass arrests and deportations in the US, these hardline policies from EU member states reveal a complete disregard for international law and human dignity,” Mr Sundberg Diez said.
The return hubs are back
Furthermore, the approved regulation includes procedures for the repatriation of an irregularly staying person, the conditions for their stay in the non-EU country, and the consequences for non-compliance with the agreement or understanding.
Repatriation centres are another hot topic. These can serve either as repatriation centers on the returnees’ way to their countries of final repatriation, or as final destinations.
I am pleased that we have agreed on a new EU return regulation. For the first time, irregularly staying third-country nationals will have obligations. — Rasmus Stoklund, Denmark’s migration minister
On this issue, however, Commissioner Brunner leaves the ball in the court of the member states. “Regarding repatriation hubs, it’s not up to me to think about third countries; these are negotiations between member states and then with third countries. It would be positive, of course, if several parties joined forces,” the commissioner maintained. “I’m thinking of the Netherlands, which is in discussions with Uganda. Germany has already joined the talks. So have Italy and Albania. But it’s not up to me to decide; we’ve already laid the legal basis for considering such new and innovative ideas,” Mr Brunner said.
Italy’s relief
Some member states—Italy, for one—seemed satisied with the outcome. “The ability to repatriate to third countries other than the countries of origin, and to use return hubs not only as arrival points but also as transit points, increases our operational capacity. The collaboration proposed by Italy with France and Germany was crucial to the success of the negotiations”, said Matteo Piantedosi, Italy’s minister for Internal affairs.
The member states have decided that the European return measure be introduced no later than two years after the Return Regulation entry into force.
