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DRAFT 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

LIBE-PR-779352

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

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The draft report proposes amendments to the Commission's regulation establishing a common EU return system for illegally staying third-country nationals, replacing the 2008 Return Directive. It prioritises voluntary return, makes mutual recognition of return decisions mandatory after one year, and strengthens fundamental rights safeguards. It introduces a centralised European Monitoring Mechanism for Removals within Frontex, limits detention to 18 months, sets maximum entry bans up to unlimited for security risks, and requires Member States to ask Frontex for support in removals. Return to a third country with an agreement is allowed only as a last resort, with strict conditions and monitoring. The report also simplifies readmission procedures and enhances the right to information and legal assistance.

Committee position. The rapporteur proposes amendments to the Commission proposal to prioritise voluntary return, make mutual recognition mandatory after one year, strengthen fundamental rights safeguards, and introduce a centralised monitoring mechanism within Frontex.

Key points

  1. Return decisions must be recognised and enforced by other Member States based on a European Return Order, with application from one year after entry into force; Member States may apply earlier.
  2. Voluntary return is prioritised; removal occurs only if the person does not leave by the set date, refuses to cooperate, moves without authorisation, poses a security risk, or is subject to a recognised return decision.
  3. A centralised European Monitoring Mechanism for Removals is established within Frontex to monitor all removals, including to third countries with agreements, and may issue recommendations.
  4. Detention is a last resort, limited to 18 months maximum, with alternatives prioritised; unaccompanied minors and families are detained only as a last resort.
  5. Entry bans: up to 2 years for non-compliance with voluntary departure, up to 10 years for removal, up to 20 years for security risks, and unlimited for terrorists or war criminals.
  6. Return to a third country with an agreement is only for those who cannot be returned voluntarily or forcibly to other countries, and requires an agreement with safeguards including independent monitoring.
  7. Third-country nationals must cooperate and remain available; measures like reporting or residence at a specific address may be imposed, but not for vulnerable persons if incompatible.
  8. Free legal assistance is available for appeals, with conditions; appeals do not automatically suspend return, but a request can be made if there is a non-refoulement risk.
  9. Readmission procedures are simplified with a standard form; Member States must initiate them without undue delay, and Frontex support is mandatory upon request.
  10. Data sharing between Member States is restricted to authorities involved in return, readmission, or reintegration, and must use EU information systems; transfers of criminal data must not lead to death penalty or cruel treatment.
  11. Reintegration support is only for voluntary returnees; those convicted of criminal offences are not entitled.

Who is affected

  • Third-country nationals staying illegally in the EU: subject to return procedures, cooperation obligations, possible detention, and entry bans.
  • Member States: must recognise return decisions, ask Frontex for support, and establish national programmes for voluntary return.
  • Frontex: hosts the new European Monitoring Mechanism for Removals and provides support in return procedures.
  • Third countries: may conclude return agreements with the EU or Member States, subject to human rights conditions and monitoring.
  • Unaccompanied minors: representatives must be appointed, and transfers require best-interest assessment and safe reception.

Figures and deadlines

  • Detention may not exceed 18 months.
  • Entry ban maximums: 2 years, 10 years, 20 years, or unlimited.
  • Voluntary departure period: between 7 and 30 days from notification.
  • Mutual recognition applies from one year after entry into force.
  • Detention may be extended by a further six months.

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