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DRAFT REPORT (COM(2018)0634 – C8-0407/2018 – 2018/0329(COD))

On the proposal for a directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast)

LIBE-PR-648370

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Tineke Strik

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

This is the rapporteur's draft report on the Commission's proposal to recast the Return Directive, which sets common standards for returning irregularly staying third-country nationals. The draft proposes replacing 'illegal' with 'irregular', deleting the border return procedure, and banning detention of minors and families. It would grant a 30-day period for voluntary departure, allow voluntary return at any stage, and restrict entry bans. It would give appeals automatic suspensive effect, delete the five-day appeal deadline, and require free legal aid. It would cap detention at three months, extendable by six, and require alternatives to detention to be preferred. It would strengthen safeguards for children, including best interests assessments, guardians, and reintegration support.

Committee position. The rapporteur proposes to amend the Commission proposal to prioritise voluntary return, strengthen safeguards for persons facing return, ban detention of minors, delete the border procedure, and ensure appeals have suspensive effect.

Key points

  1. Replaces the word 'illegal' with 'irregular' throughout the text to avoid stigmatising migrants.
  2. Deletes recitals on immediate return decisions after asylum rejection and on single-level jurisdiction for appeals.
  3. Requires a 30-day period for voluntary departure and allows voluntary return at any stage of the procedure.
  4. Deletes the border return procedure and the associated rules on voluntary departure, appeals and detention.
  5. Gives appeals against return decisions automatic suspensive effect and deletes the five-day appeal deadline.
  6. Requires free legal aid on request and deletes the possibility to refuse translation of return decisions.
  7. Bans detention of minors and families and requires alternatives to detention to be preferred.
  8. Caps detention at three months, extendable by six, and requires periodic judicial review.
  9. Requires best interests assessments, guardians and reintegration support for children in return procedures.
  10. Restricts entry bans, deletes entry bans without a return decision, and requires withdrawal after voluntary departure.
  11. Requires Member States to set up national return management systems with case management and reintegration support.
  12. Deletes the list of criteria for risk of absconding and requires an individual assessment.

Who is affected

  • Third-country nationals facing return procedures, who would gain stronger safeguards on appeals, detention and information.
  • Minors and families, who would not be detained and would receive best interests assessments and guardians.
  • Member States, which would have to set up return management systems and provide free legal aid.
  • Victims of trafficking, who would not be subject to entry bans and could access justice mechanisms.

Figures and deadlines

  • 30 days: the period for voluntary departure that a return decision shall provide for.
  • Three months: the maximum detention period, extendable by a further six months.
  • Five years: the length an entry ban shall not in principle exceed.
  • Six months, and where possible up to twelve months: monitoring of children's reintegration after return.

Legal basis: Article 294(2) and Article 79(2)(c) of the Treaty on the Functioning of the European Union.