What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

ORDINARY LEGISLATIVE procedure

Follow up to the European Parliament legislative resolution on the 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, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC

(COM(2025)0101 – C100047/2025 – 2025/0059(COD))

1. Rapporteur: Malik AZMANI (Renew Europe / NL)

(Ordinary legislative procedure: first reading)

2. References: 2025/0059(COD) / A10-0048/2026 / P10_TA(2026)0207

The European Parliament,

3. Date of adoption of the resolution: 17 June 2026

– having regard to the Commission proposal to Parliament and the Council (COM(2025)0101),

4. Legal basis: Article 79(2)(c) of the Treaty on the Functioning of the European Union (TFEU)

– having regard to Article 294(2) and Article 79(2), point (c), of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C100047/2025),

5. Competent Parliamentary Committee: Committee on Civil Liberties, Justice and Home Affairs (LIBE)

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

6. Commission's position: accepts all amendments.

– having regard to the opinion of the European Economic and Social Committee,

– having regard to the opinion of the Committee of the Regions,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A100000/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 12

Or. en

Amendment 2

Proposal for a regulation

Recital 13

Or. en

Amendment 3

Proposal for a regulation

Recital 15

Or. en

Amendment 4

Proposal for a regulation

Recital 16

Or. en

Amendment 5

Proposal for a regulation

Recital 17

Or. en

Amendment 6

Proposal for a regulation

Recital 18

Or. en

Amendment 7

Proposal for a regulation

Recital 19

Or. en

Amendment 8

Proposal for a regulation

Recital 20

Or. en

Amendment 9

Proposal for a regulation

Recital 21

Or. en

Amendment 10

Proposal for a regulation

Recital 22

Or. en

Amendment 11

Proposal for a regulation

Recital 23

Or. en

Amendment 12

Proposal for a regulation

Recital 24 a (new)

Or. en

Amendment 13

Proposal for a regulation

Recital 26

Or. en

Amendment 14

Proposal for a regulation

Recital 29 a (new)

Or. en

Amendment 15

Proposal for a regulation

Recital 29 b (new)

Or. en

Amendment 16

Proposal for a regulation

Recital 30 a (new)

Or. en

Amendment 17

Proposal for a regulation

Recital 32

Or. en

Amendment 18

Proposal for a regulation

Recital 37

Or. en

Amendment 19

Proposal for a regulation

Recital 38

Or. en

Amendment 20

Proposal for a regulation

Recital 39 a (new)

Or. en

Amendment 21

Proposal for a regulation

Recital 43

Or. en

Amendment 22

Proposal for a regulation

Recital 45

Or. en

Amendment 23

Proposal for a regulation

Recital 46

Or. en

Amendment 24

Proposal for a regulation

Recital 55

Or. en

Amendment 25

Proposal for a regulation

Article 2 – paragraph 1

Or. en

Amendment 26

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – introductory part

Or. en

Amendment 27

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – point c a (new)

Or. en

Justification

Literal copy from Article 3 (3) third indent of current Return Directive 2008/115

Amendment 28

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – point d

Or. en

Amendment 29

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – point e

Or. en

Amendment 30

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – point f a (new)

Or. en

Justification

The order of (e) and (f) has been changed to reflect the order in the APR.

Amendment 31

Proposal for a regulation

Article 4 – paragraph 1 – point 3 – point g

Or. en

Amendment 32

Proposal for a regulation

Article 4 – paragraph 1 – point 5

Or. en

Amendment 33

Proposal for a regulation

Article 4 – paragraph 1 – point 6 a (new)

Or. en

Justification

The definitions of "removal" and "voluntary return" have been switched to reflect the changed order of Articles 12 and 13.

Amendment 34

Proposal for a regulation

Article 4 – paragraph 1 – point 7

Or. en

Amendment 35

Proposal for a regulation

Article 4 – paragraph 1 – point 8 a (new)

Or. en

Amendment 36

Proposal for a regulation

Article 4 – paragraph 1 – point 9

Or. en

Amendment 37

Proposal for a regulation

Article 4 – paragraph 1 – point 10

Or. en

Amendment 38

Proposal for a regulation

Article 4 – paragraph 1 – point 10 a (new)

Or. en

Amendment 39

Proposal for a regulation

Article 4 – paragraph 1 – point 11

Or. en

Amendment 40

Proposal for a regulation

Article 5 – paragraph 1

Or. en

Amendment 41

Proposal for a regulation

Article 6 – paragraph 1

Or. en

Amendment 42

Proposal for a regulation

Article 7 – paragraph 2

Or. en

Amendment 43

Proposal for a regulation

Article 7 – paragraph 4

Or. en

Amendment 44

Proposal for a regulation

Article 7 – paragraph 5

Or. en

Amendment 45

Proposal for a regulation

Article 7 – paragraph 8

Or. en

Justification

An Annex for the standard form is to be added to this Regulation.

Amendment 46

Proposal for a regulation

Article 9 – paragraph 1

Or. en

Amendment 47

Proposal for a regulation

Article 9 – paragraph 2

Or. en

Amendment 48

Proposal for a regulation

Article 9 – paragraph 3

Or. en

Amendment 49

Proposal for a regulation

Article 9 – paragraph 5

Or. en

Amendment 50

Proposal for a regulation

Article 9 – paragraph 9

Or. en

Amendment 51

Proposal for a regulation

Article 9 – paragraph 10

Or. en

Amendment 52

Proposal for a regulation

Article 10 – paragraph 1 – point a

Or. en

Amendment 53

Proposal for a regulation

Article 10 – paragraph 1 – point b

Or. en

Amendment 54

Proposal for a regulation

Article 10 – paragraph 2

Or. en

Amendment 55

Proposal for a regulation

Article 10 – paragraph 3

Or. en

Amendment 56

Proposal for a regulation

Article 10 – paragraph 4

Or. en

Amendment 57

Proposal for a regulation

Article 10 – paragraph 6

Or. en

Amendment 58

Proposal for a regulation

Article 10 – paragraph 6 – point a (new)

Or. en

Amendment 59

Proposal for a regulation

Article 10 – paragraph 6 – point b (new)

Or. en

Amendment 60

Proposal for a regulation

Article 10 – paragraph 6 – point c (new)

Or. en

Amendment 61

Proposal for a regulation

Article 10 – paragraph 6 – point d (new)

Or. en

Amendment 62

Proposal for a regulation

Article 10 – paragraph 7

Or. en

Amendment 63

Proposal for a regulation

Article 11 – paragraph 1 – introductory part

Or. en

Amendment 64

Proposal for a regulation

Article 11 – paragraph 1 – point a

Or. en

Amendment 65

Proposal for a regulation

Article 11 – paragraph 1 – point b

Or. en

Amendment 66

Proposal for a regulation

Article 11 – paragraph 1 – point c

Or. en

Amendment 67

Proposal for a regulation

Article 11 – paragraph 2

Or. en

Amendment 68

Proposal for a regulation

Article 11 – paragraph 3

Or. en

Amendment 69

Proposal for a regulation

Article 12

Or. en

Justification

The order of Articles 12 and 13 has been switched to reflect the political priority of voluntary returns.

Amendment 70

Proposal for a regulation

Article 13 – paragraph 1

Or. en

Amendment 71

Proposal for a regulation

Article 13 – paragraph 2

Or. en

Amendment 72

Proposal for a regulation

Article 13 – paragraph 3

Or. en

Amendment 73

Proposal for a regulation

Article 13 – paragraph 4

Or. en

Amendment 74

Proposal for a regulation

Article 13 a (new)

Or. en

Justification

The order of Articles 12 and 13 has been switched to reflect the political priority of voluntary returns.

Amendment 75

Proposal for a regulation

Article 14 – paragraph 1 – introductory part

Or. en

Amendment 76

Proposal for a regulation

Article 14 – paragraph 2

Or. en

Amendment 77

Proposal for a regulation

Article 14 – paragraph 4

Or. en

Amendment 78

Proposal for a regulation

Article 14 – paragraph 5

Or. en

Amendment 79

Proposal for a regulation

Article 15 – paragraph 1

Or. en

Amendment 80

Proposal for a regulation

Article 15 – paragraph 2

Or. en

Amendment 81

Proposal for a regulation

Article 15 – paragraph 3

Or. en

Amendment 82

Proposal for a regulation

Article 15 – paragraph 3 a (new)

Or. en

Amendment 83

Proposal for a regulation

Article 15 – paragraph 3 b (new)

Or. en

Amendment 84

Proposal for a regulation

Article 15 – paragraph 3 c (new)

Or. en

Amendment 85

Proposal for a regulation

Article 16 – paragraph 2

Or. en

Amendment 86

Proposal for a regulation

Article 16 – paragraph 3 – point a

Or. en

Amendment 87

Proposal for a regulation

Article 17 – title

Or. en

Amendment 88

Proposal for a regulation

Article 17 – paragraph 1

Or. en

Amendment 89

Proposal for a regulation

Article 17 – paragraph 1 a (new)

Or. en

Amendment 90

Proposal for a regulation

Article 17 – paragraph 2 – introductory part

Or. en

Amendment 91

Proposal for a regulation

Article 17 – paragraph 2 – point b

Or. en

Amendment 92

Proposal for a regulation

Article 17 – paragraph 2 – point d

Or. en

Amendment 93

Proposal for a regulation

Article 17 – paragraph 2 – point e

Or. en

Amendment 94

Proposal for a regulation

Article 17 – paragraph 2 – point e a (new)

Or. en

Amendment 95

Proposal for a regulation

Article 17 – paragraph 2 – point f

Or. en

Amendment 96

Proposal for a regulation

Article 17 – paragraph 3

Or. en

Amendment 97

Proposal for a regulation

Article 19 – paragraph 1

Or. en

Amendment 98

Proposal for a regulation

Article 20 – paragraph 1

Or. en

Amendment 99

Proposal for a regulation

Article 20 – paragraph 2

Or. en

Amendment 100

Proposal for a regulation

Article 20 – paragraph 3

Or. en

Amendment 101

Proposal for a regulation

Article 21 – title

Or. en

Amendment 102

Proposal for a regulation

Article 21 – paragraph 1

Or. en

Amendment 103

Proposal for a regulation

Article 21 – paragraph 2 – point a

Or. en

Amendment 104

Proposal for a regulation

Article 21 – paragraph 2 – point c

Or. en

Amendment 105

Proposal for a regulation

Article 21 – paragraph 2 – point c a (new)

Or. en

Amendment 106

Proposal for a regulation

Article 21 – paragraph 2 – point g

Or. en

Amendment 107

Proposal for a regulation

Article 21 – paragraph 2 – point i

Or. en

Amendment 108

Proposal for a regulation

Article 21 – paragraph 2 – point l

Or. en

Amendment 109

Proposal for a regulation

Article 21 – paragraph 2 a (new)

Or. en

Amendment 110

Proposal for a regulation

Article 21 – paragraph 2 b (new)

Or. en

Amendment 111

Proposal for a regulation

Article 21 – paragraph 2 c (new)

Or. en

Amendment 112

Proposal for a regulation

Article 22 – paragraph 1 – point 4

Or. en

Amendment 113

Proposal for a regulation

Article 22 – paragraph 1 – point 5

Or. en

Amendment 114

Proposal for a regulation

Article 22 – paragraph 1 – point 6

Or. en

Amendment 115

Proposal for a regulation

Article 23

Or. en

Justification

Article 23 has been integrated into Article 21.

Amendment 116

Proposal for a regulation

Article 24 – paragraph 1 – point a

Or. en

Amendment 117

Proposal for a regulation

Article 24 – paragraph 1 – point b

Or. en

Amendment 118

Proposal for a regulation

Article 24 – paragraph 2

Or. en

Amendment 119

Proposal for a regulation

Article 24 – paragraph 2 a (new)

Or. en

Amendment 120

Proposal for a regulation

Article 25 – paragraph 1

Or. en

Amendment 121

Proposal for a regulation

Article 25 – paragraph 3

Or. en

Amendment 122

Proposal for a regulation

Article 25 – paragraph 4

Or. en

Amendment 123

Proposal for a regulation

Article 25 – paragraph 7 – point a

Or. en

Amendment 124

Proposal for a regulation

Article 25 – paragraph 7 – point b

Or. en

Amendment 125

Proposal for a regulation

Article 25 – paragraph 7 – point c

Or. en

Amendment 126

Proposal for a regulation

Article 25 – paragraph 8

Or. en

Amendment 127

Proposal for a regulation

Article 26 – paragraph 1

Or. en

Amendment 128

Proposal for a regulation

Article 26 – paragraph 3

Or. en

Amendment 129

Proposal for a regulation

Article 27 – paragraph 2

Or. en

Amendment 130

Proposal for a regulation

Article 27 – paragraph 4

Or. en

Amendment 131

Proposal for a regulation

Article 28 – title

Or. en

Amendment 132

Proposal for a regulation

Article 28 – paragraph 1

Or. en

Amendment 133

Proposal for a regulation

Article 28 – paragraph 2

Or. en

Amendment 134

Proposal for a regulation

Article 28 – paragraph 3

Or. en

Amendment 135

Proposal for a regulation

Article 29

Or. en

Justification

The order of the Articles 29, 30, 31 was changed to reflect the procedural sequence of the application of detention, prioritising the use of alternatives to detention. The new order is: risk of absconding, alternatives to detention, grounds of detention.

Amendment 136

Proposal for a regulation

Article 30 – paragraph 1 – point b

Or. en

Amendment 137

Proposal for a regulation

Article 30 – paragraph 1 – point c

Or. en

Amendment 138

Proposal for a regulation

Article 30 – paragraph 2 – introductory part

Or. en

Amendment 139

Proposal for a regulation

Article 30 – paragraph 2 – point d

Or. en

Amendment 140

Proposal for a regulation

Article 30 – paragraph 2 – point e

Or. en

Amendment 141

Proposal for a regulation

Article 30 – paragraph 2 – point g

Or. en

Amendment 142

Proposal for a regulation

Article 30 – paragraph 2 – point h

Or. en

Amendment 143

Proposal for a regulation

Article 31 – paragraph 1

Or. en

Amendment 144

Proposal for a regulation

Article 31 – paragraph 2 – point c

Or. en

Amendment 145

Proposal for a regulation

Article 31 – paragraph 4

Or. en

Amendment 146

Proposal for a regulation

Article 31 – paragraph 5

Or. en

Amendment 147

Proposal for a regulation

Article 31 a (new)

Or. en

Justification

The order of the Articles 29, 30, 31 was changed to reflect the procedural sequence of the application of detention, prioritising the use of alternatives to detention. The new order is: risk of absconding, alternatives to detention, grounds of detention.

Amendment 148

Proposal for a regulation

Article 32 – paragraph 1

Or. en

Amendment 149

Proposal for a regulation

Article 32 – paragraph 2

Or. en

Amendment 150

Proposal for a regulation

Article 32 – paragraph 3

Or. en

Amendment 151

Proposal for a regulation

Article 33 – paragraph 3 – point a

Or. en

Amendment 152

Proposal for a regulation

Article 33 – paragraph 3 – point b

Or. en

Amendment 153

Proposal for a regulation

Article 34 – paragraph 3 a (new)

Or. en

Amendment 154

Proposal for a regulation

Article 34 – paragraph 5

Or. en

Amendment 155

Proposal for a regulation

Article 34 – paragraph 6

Or. en

Amendment 156

Proposal for a regulation

Article 35 – paragraph 1

Or. en

Amendment 157

Proposal for a regulation

Article 35 – paragraph 2

Or. en

Amendment 158

Proposal for a regulation

Article 36 – paragraph 1

Or. en

Justification

An Annex for the standard readmission form is to be added to this Regulation.

Amendment 159

Proposal for a regulation

Article 36 – paragraph 2

Or. en

Amendment 160

Proposal for a regulation

Article 36 – paragraph 3

Or. en

Amendment 161

Proposal for a regulation

Article 36 – paragraph 6

Or. en

Amendment 162

Proposal for a regulation

Article 36 – paragraph 7

Or. en

Amendment 163

Proposal for a regulation

Article 36 – paragraph 7 a (new)

Or. en

Amendment 164

Proposal for a regulation

Article 37

Or. en

Amendment 165

Proposal for a regulation

Article 38 – paragraph 1

Or. en

Amendment 166

Proposal for a regulation

Article 38 – paragraph 1 a (new)

Or. en

Amendment 167

Proposal for a regulation

Article 38 – paragraph 2

Or. en

Amendment 168

Proposal for a regulation

Article 38 – paragraph 3

Or. en

Amendment 169

Proposal for a regulation

Article 38 – paragraph 4

Or. en

Amendment 170

Proposal for a regulation

Article 38 – paragraph 6 – introductory part

Or. en

Amendment 171

Proposal for a regulation

Article 38 – paragraph 6 – point a

Or. en

Amendment 172

Proposal for a regulation

Article 38 – paragraph 6 – point b

Or. en

Amendment 173

Proposal for a regulation

Article 38 – paragraph 6 – point c

Or. en

Amendment 174

Proposal for a regulation

Article 38 – paragraph 6 – point f

Or. en

Amendment 175

Proposal for a regulation

Article 38 – paragraph 6 – point g

Or. en

Amendment 176

Proposal for a regulation

Article 38 – paragraph 8

Or. en

Amendment 177

Proposal for a regulation

Article 40 – title

Or. en

Amendment 178

Proposal for a regulation

Article 40 – paragraph 1 – point b

Or. en

Amendment 179

Proposal for a regulation

Article 40 – paragraph 4 a (new)

Or. en

Amendment 180

Proposal for a regulation

Article 42 – paragraph 1 – point c

Or. en

Amendment 181

Proposal for a regulation

Article 42 – paragraph 1 – point d

Or. en

Amendment 182

Proposal for a regulation

Article 42 – paragraph 1 – point f

Or. en

Amendment 183

Proposal for a regulation

Article 42 – paragraph 2

Or. en

Amendment 184

Proposal for a regulation

Article 42 – paragraph 3

Or. en

Amendment 185

Proposal for a regulation

Article 43 – paragraph 2

Or. en

Amendment 186

Proposal for a regulation

Article 43 – paragraph 3

Or. en

Amendment 187

Proposal for a regulation

Article 44 – paragraph 1 – point c

Or. en

Amendment 188

Proposal for a regulation

Article 44 – paragraph 1 – point d

Or. en

Amendment 189

Proposal for a regulation

Article 44 – paragraph 1 – point e

Or. en

Amendment 190

Proposal for a regulation

Article 45 – paragraph 1

Or. en

Amendment 191

Proposal for a regulation

Article 46 – paragraph 2

Or. en

Amendment 192

Proposal for a regulation

Article 46 – paragraph 3

Or. en

Amendment 193

Proposal for a regulation

Article 46 – paragraph 5 – point b

Or. en

Amendment 194

Proposal for a regulation

Article 46 – paragraph 5 – point d

Or. en

Amendment 195

Proposal for a regulation

Chapter VIII a (new)

Or. en

Amendment 196

Proposal for a regulation

Article 47 – paragraph 1

Or. en

Amendment 197

Proposal for a regulation

Article 48 – paragraph 1 – point c a (new)

Or. en

Amendment 198

Proposal for a regulation

Article 52 – paragraph 1 a (new)

Or. en

Amendment 199

Proposal for a regulation

Article 52 – paragraph 1 b (new)

Or. en

EXPLANATORY STATEMENT

The Commission 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, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC comes at the right moment. With the implementation of the Pact in June 2026, this Regulation serves as the final piece of the key legislation aimed at addressing illegal migration within the European Union while taking into account the fundamental rights of the third-country national concerned. Without a functioning system on returns, the European migration framework can never operate effectively.

Right now, based on the available data, only around 20 percent of rejected asylum seekers are actually returned to their country of origin. This situation is deeply concerning, as it undermines both public confidence and support for our common migration policies. Moreover, it has the unintended consequence of leaving genuine refugees, those truly in need of protection, out in the cold as well as those who migrate for other reasons via legal pathways.

One of the main reasons for this shortcoming lies in the outdated legal framework, which dates back to 2008. A previous attempt to revise this directive was made, but unfortunately it did not lead to a successful outcome due to a missing Parliament position. This clearly demonstrates the urgent need for a more effective, fast and modern approach.

The only way to ensure a successful, swift and efficient return system is to approach it at European level. Member States share a collective responsibility to contribute to this effort, as this is a challenge that affects us all. The Rapporteur took this in mind while drafting further on the proposal.

A European approach

Given the importance of a truly European approach, it is useful to begin with the most significant change compared to the current framework, namely the mandatory mutual recognition between Member States. With this new obligation, we aim to prevent an increase in secondary movements and to reduce the administrative burden for Member States, as no entirely new procedure will be required. It will speed up the return processes throughout the Union. To further decreasing pressure on Member States, Frontex will due to this report play a greater role in the return procedure, with the newly introduced obligation of Member States to ask Frontex for support within the return process. Besides, Member States will also be able to build on one another’s assessments, which will be accessible through the Schengen Information System (SIS). An example of such an assessment is the well-known age assessment.

Mutual recognition has already been introduced by the Commission. However, in the rapporteur’s view, it would be far more efficient to allow for an immediate start of the recognition with a standard return order, and with a full implementation across all Member States after one year. This transitional period will provide Member States with sufficient time to adapt and align their national systems accordingly.

This European approach also encompasses the newly introduced readmission procedure. The Commission’s draft proposal provided a solid starting point. However, in the rapporteur’s opinion, the extensive level of detail risks creating an additional administrative burden. The approach proposed in this draft therefore offers a simplified and more streamlined solution through a standardised application form, accessible via SIS. This form will only need to be used when necessary. By introducing a common template, other Member States will be able to consult ongoing procedures more easily, thereby facilitating mutual recognition.

The draft highlights and introduces the new obligation of third countries to cooperate with readmission, especially regarding identification and travel documents. Non-cooperation will be assessed by the Commission and will have the necessary consequences since it costs an unnecessary delay in procedure but also shows a lack of trust between the Union and the specific third country. The Commission did not touch upon this even though it’s a mission piece in the legislation.

Voluntary return

The draft gives priority to voluntary instead of forced return in contrary with the Commission’s proposal. It is clear that voluntary return is more sustainable, effective and efficient. To intensify the benefits of voluntary return, it is in this draft not possible, except when there is a security threat, to give out an entry ban when someone leaves voluntarily and in compliance. Besides, reintegration support is also only possible in these cases of voluntary returns. All these changes are aimed to increase voluntary return as a primary option. But even though voluntary return is the preferred way for returning third-country nationals who have no right to stay, removal is still an important part of the Regulation. Especially since not cooperating with the authorities of the Member States can result in unnecessary delays and an overburden of the system. The whole regulation resolves around returning, so when returning voluntary is not possible or the third-country national will/ is not cooperating, removal stays a possibility to put in place for the Member States. For third-country nationals who poses a security threat, removal should always be possible to keep the safety within the Schengen borders.

Return to a third country with which there is an agreement

Because of the importance of actually returning someone out of the Schengen borders, the option proposed by the Commission for returning a third-country national to a country with which there is an agreement is still on the table. It has not gone unnoticed that the proposal for this has raised significant concerns. Nevertheless, it reflects a broad desire among the European Union since it can be a safeguard for Member States in dealing with illegal migration and serves as a valuable incentive to encourage the preferred voluntary returns or cooperation. It is necessary to create a sustainable system that works on a long time basis.

But return to a third country with which there is an agreement can only be done with strict provisions. The draft takes safeguards sufficiently more into account, and such measures may only be implemented on the basis of last resort. To make sure that it only serves as a matter of last resort, a new hierarchy is introduced in article 4. Furthermore, minors and families with minors remain excluded from the return hubs.

Finally, while it is possible to regulate this solely at the level of Member States with remaining flexibility, there is a clearer preference added in this draft for a European Union-level approach.

Fundamental rights, the right to information and monitoring

Sixthly, since fundamental rights are key throughout the whole European Union, it is further broadened in this draft. Despite the obligation to return, we must not lose sight of the fact that we are ultimately speaking about people. Hence, the principle of non-refoulement must be respected throughout the draft.

At the same time, it is essential that any measures adopted under this legislation remain proportionate and fully in line with fundamental rights.

As a seventh point, and closely linked to the safeguards and the cooperation of the third-country national, special attention is paid in this draft to the right to information. It is essential to provide clear and understandable information from the beginning to the end of the procedure. Without sufficient information, it is impossible for the person concerned to cooperate. Moreover, being informed of their rights increases the likelihood that third-country nationals will engage constructively with the process. A new introduction is made of easy leaflets for persons with little or no literacy skills, to ensure that they also receive accurate information and can understand it.

The development of a proper monitoring system also deserves more attention, mainly for two reasons. On the one hand, because this is a regulation, and the European vision should be further enhanced in line with the rest of this draft. On the other hand, because return options are broadened, and we must ensure that removals are sustainable and respectful to fundamental rights. Therefore, a truly European, effective and consistent monitoring system within Frontex is essential in stead of leaving it for the Member States. With make it more centralised, there is a clear overview of the whole return process and the importance of upholding fundamental rights.

The obligation to cooperate

Because of the increased focus on voluntary return, there is, as in the Commission’s proposal, sufficient attention given to the obligation to cooperate. Indeed, additional measures are provided to facilitate return, including enhanced information provision, assistance with the return process, and support for reintegration. Should an individual nevertheless fail to cooperate, certain consequences will in this draft also apply. Without these measures, the system would remain ineffective, and we would be unable to exceed the current return rate of around 20 percent. In this way, the framework becomes more balanced and effective.

These consequences are proportionate and fair within the context of the proposal. Special attention has been paid in this draft to alternatives to detention to ensure that regular detention remains a measure of last resort. This is why the order in the Regulation is changed. After all, statistics show that detention is effective only in cases where a person can be returned quickly, thereby ensuring the efficiency of the return process and helping to prevent overburdening the system. Further, in this draft, the duration of detention is brought back to the duration know in the current Directive because of positive results. This, of course, does not apply to individuals who constitute a security risk. Nevertheless, detention is still necessary, especially in cases where there is a risk of absconding. This means that detention for minors and families with minors should stay possible to overcome the misuse of minors.

Entry bans and the right to an effective remedy

New in this draft is the introduction of an unlimited entry ban for individuals who pose such a significant security risk within the European Union, that it is necessary that they can never return to the Schengen border. This goes for war criminals and terrorists. They should never have a place in our society. On the other hand, extension of an entry ban is no longer possible because of practical reasons but also the lack of proportionality. Besides the unlimited entry ban and the deletion of extension, maximum time limits are introduced to make sure that entry bans are always legitimate, fair and constructive. With this maximum, it is up to the Member States to decide how long the entry ban can be.

As a ninth point, careful attention has been given to the right to an effective remedy. Every third-country national required to return has the right to an effective remedy if they consider that the procedure is not being conducted properly or if there is a risk of non-refoulement. However, this does not imply that an automatic suspensive is always required or necessary in every case. This automatic suspensive effect can result in delays, even though the risk of non-refoulement had already been thoroughly assessed during the initial procedure, or in cases where the individual had never requested for protection. To prevent possible unnecessary delays, this requirement has been removed, while still preserving the possibility to submit a request for suspension when needed and the possibility to receive legal assistance and representation.

Data sharing

Finally, as reflected in the draft, a positive assessment has been made of the rules on data sharing. A Regulation provides an opportunity to place greater emphasis on data safety which should remain at the centre of attention. With the new mutual recognition, it is of upmost important that Member States share the required data with each other in respect with data protection. In this draft, data sharing between Member States is only possible with the authorities or judicial authorities entrusted with the return procedure. Further, not all the proposed details from the Commission are of added value, and sufficient flexibility must be maintained.

Of course, data sharing and protection are also important for the readmission procedure and contact with the third countries, where it is part of a trusted relationship. Without data sharing it is impossible to start a procedure. Extra attention is given to data sharing relating criminal offences since it must not lead to handing down or executing a death penalty or any form of cruel and inhuman treatment.

The Rapporteur welcomes the proposal of the Commission and is convinced that a swift implementation is possible that aligns with the implementation of the Migration Pact when everyone takes responsibility.