The Council of the European Union has reached a political agreement on its position regarding the proposal for a Regulation establishing a common system for the return of third-country nationals staying irregularly within the European Union. This text constitutes one of the outstanding pillars of the Migration and Asylum Pact and marks a significant shift from the framework in force since 2008, which has so far been based on the Return Directive.
The stated objective of the new Regulation is to speed up, simplify and make return procedures more effective, in response to a figure that the European institutions themselves consider concerning: approximately three out of four people who have received a return decision in the EU do not actually leave European territory.
⏺️ A common EU-wide return system
The proposal replaces Directive 2008/115/EC and establishes a common system that will be directly applicable in all Member States for managing the return of third-country nationals staying irregularly. The Regulation sets out a common procedure, explicit obligations for the persons concerned, and a strengthened set of tools for national authorities, with the aim of avoiding disparities between Member States and reducing secondary movements within the Schengen area.
The text emphasises that returns must be carried out in compliance with fundamental rights, the principle of non-refoulement and international law, as well as the Charter of Fundamental Rights of the European Union. You can access the full text of the proposed Regulation and the Council’s official position at the following link: link to the text.
⏺️ New obligations for persons staying irregularly
One of the core elements of the Regulation is the introduction of clear obligations for persons who have been ordered to leave the territory of the Union. These include the duty to cooperate actively with the authorities, remain available and traceable, provide identity or travel documents, supply biometric data, and refrain from fraudulently obstructing the return procedure.
Failure to comply with these obligations may have consequences, which Member States may regulate in their national legislation. These may include the reduction or withdrawal of certain benefits, the withdrawal of work permits, or the imposition of sanctions, including criminal penalties under national law.
⏺️ Mutual recognition of return decisions
The Regulation introduces a mechanism for the mutual recognition of return decisions between Member States. This will allow a return decision issued by one Member State to be directly enforced by another, without the need to initiate a new procedure, if the person concerned moves irregularly within the Union.
This system will be supported by the creation of a European return order, a standardised form containing the key elements of the return decision, which must be entered into the Schengen Information System (SIS). Although mutual recognition will not be mandatory at the initial stage, the European Commission will assess its operation two years after the Regulation enters into force and may propose making it mandatory.
⏺️ Return centres in third countries
Another of the most significant developments is the possibility for the European Union or one or more Member States to conclude agreements or arrangements with third countries to establish return centres. These centres may operate as transit facilities for onward return or, in certain cases, as a final destination.
The Regulation sets strict conditions for such agreements, including respect for human rights, the principle of non-refoulement and the existence of independent monitoring mechanisms. It also requires that the conditions of stay, applicable procedures and the consequences of non-compliance with the agreement be clearly regulated.
⏺️ Reinforced measures for persons posing a security risk
The text provides for a specific regime for persons considered to pose a security risk. In such cases, longer — including indefinite — entry bans may be imposed, as well as periods of detention exceeding the usual limits, always subject to the principles of necessity and proportionality.
Detention may generally last up to twenty-four months, with the possibility of additional extensions in exceptional circumstances, and may be carried out in prison facilities where specialised detention centres are not available, provided that detainees are kept separate from ordinary prisoners.
⏺️ Next steps and integration within the Migration and Asylum Pact
The position agreed by the Council will now serve as the basis for negotiations with the European Parliament under the ordinary legislative procedure. The aim is to reach a final legal text completing the Migration and Asylum Pact, which was adopted in 2024 and is due to apply from June 2026.
This new Regulation seeks to reinforce the credibility of the European migration system by providing Member States with common and more effective tools to enforce return decisions, while maintaining, at least at a normative level, respect for fundamental rights.
If this regulatory change may have an impact on your personal or professional situation, having up-to-date information and an individualised analysis is key. At ARC Legal, we assist individuals and companies in understanding and navigating immigration procedures within an increasingly complex regulatory framework.
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¿Prefieres leer este artículo en español 🇪🇸? Enlace: La Unión Europea impulsa un nuevo marco común para el retorno de irregulares de terceros países
The content of this article is for informational purposes only and does not constitute legal advice. Immigration regulations are subject to ongoing legislative, administrative and interpretative changes. At ARC Legal, we make every effort to keep the information up to date and verified against official sources; however, we always recommend consulting a specialised professional before initiating any procedure or making legal decisions. If you require personalised advice regarding your situation, you may contact our firm.