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

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

A-10-2026-0048

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Malik Azmani

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Parliament's amended version of the proposed regulation establishes a common EU system for returning third-country nationals staying illegally, replacing the 2008 Return Directive and related acts. It sets common procedures for return decisions, mutual recognition and enforcement of return decisions among member states, entry bans, detention rules, and obligations for the individuals concerned. It also covers cooperation with third countries on readmission, data sharing, and support for voluntary return and reintegration.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs proposes amendments to the Commission proposal, establishing a common return system with mutual recognition and enhanced cooperation.

Key points

  1. A return decision must be issued to any third-country national staying illegally, imposing an obligation to leave the EU, with reasons and information on remedies.
  2. Return decisions are to be entered in a European Return Order and made available via the Schengen Information System; from 1 July 2027, recognition of other member states' decisions becomes mandatory after Commission assessment.
  3. Entry bans must accompany return decisions in cases of removal, non-compliance with departure, or security risk; indefinite bans are possible for security risks.
  4. Removal is required when the individual refuses to cooperate, moves without authorisation, poses a security risk, or fails to leave by the set date; coercive measures must be proportionate.
  5. Voluntary return is allowed with a departure period not exceeding 30 days, extendable on request; non-compliance leads to removal.
  6. Third-country nationals posing security risks may be subject to indefinite entry bans, longer detention, and detention in prisons, with removal as the rule.
  7. Return to a third country under an agreement or arrangement is allowed only if human rights and non-refoulement are respected; unaccompanied minors are excluded from such returns.
  8. Third-country nationals must cooperate with authorities, provide information and documents, and comply with measures; non-compliance can lead to sanctions like reduced benefits, fines, or extended entry bans.
  9. Free legal assistance and representation must be provided for appeals, with exceptions; unaccompanied minors are automatically entitled.
  10. Detention is allowed only for preparing return, with grounds including absconding risk, security risk, or non-compliance; maximum detention is 12 months, extendable by another 12 months.
  11. Alternatives to detention, such as regular reporting, surrender of documents, or electronic monitoring, must be available in national law.
  12. Member states must establish return and reintegration counselling and programmes, and share statistics with the Commission and Frontex.

Who is affected

  • Third-country nationals staying illegally in the EU: subject to return decisions, entry bans, detention, and obligations to cooperate.
  • Member states: must implement common procedures, recognise return decisions, and provide resources and monitoring.
  • Third countries: may be parties to return agreements or arrangements, and are subject to readmission cooperation.
  • Unaccompanied minors: special protections, including representation and exclusion from returns to third countries under agreements.

Figures and deadlines

  • 1 July 2027: Commission to adopt implementing decision making recognition of return decisions mandatory.
  • 30 days: maximum period for voluntary departure from notification of return decision.
  • 24 months: maximum total detention period (12 months plus 12 months extension).
  • 14 days: time limit for lodging an appeal against return-related decisions.
  • 6 months: maximum interval for review of detention orders.
  • 3 months: maximum interval for review of detention of unaccompanied minors.
  • 2 weeks: time limit for member states to reply to information requests.

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