MEPs have approved new EU rules to speed up the return of non-EU nationals staying illegally in the bloc, including possible detention and transfers to “return hubs” outside the EU.
The legislation was backed in a plenary vote by 418 MEPs in favour, with 218 against and 30 abstentions, after an informal deal was reached with the Council on 1 June, the European Parliament announced on Wednesday.
Under the rules, a return decision issued by national authorities must include an obligation for the person concerned to leave the EU country either immediately or within a set time.
People issued with a return decision will be required to cooperate with authorities, including for preparations to return them.
Detention will be possible following an individual assessment — for example if a person is not cooperating, is considered at risk of absconding, or is deemed to pose a security risk — with detention ordered by an administrative or judicial authority.
The maximum detention period will be up to 24 months, with a further extension of up to six months in total possible in certain circumstances.
Member states will also be able to impose measures such as regular reporting requirements or an obligation to live in a designated place, and may use alternatives to detention including a financial guarantee or electronic monitoring.
Return hubs and agreements with non-EU countries
The rules allow people with a return decision — excluding unaccompanied minors — to be transferred to “return hubs” in a non-EU country that agrees to accept them, provided this is based on an agreement concluded by an EU member state, the European Parliament said.
Such agreements may only be made with countries that uphold human rights, international law and the principle of non-refoulement — a legal rule that prohibits sending someone to a place where they face persecution or serious harm.
After Parliament’s approval, the text must be formally adopted by the Council and published in the EU’s Official Journal before it can enter into force.
Some provisions, including those on return hubs, will apply immediately, while others will apply 12 months after the legislation enters into force.
