The European Union has culminated the hardening of its migratory policy tonight through the definitive approval of the new Return Regulation, a rule with which Brussels aims to streamline expulsion procedures for nationals of third countries in irregular situations. The new legal framework will replace the currently in-force directives through a more homogeneous and binding system for Member States, with the objective of avoiding unauthorized secondary movements within the community territory and increasing the effectiveness of return policies.
The agreement, reached after months of negotiations between the European Parliament and the Council, also includes the possibility of establishing agreements with third countries for the creation of so-called "return centers" outside the territory of the European Union, a measure to which the Government of Spain has opposed since the beginning of the talks.
The regulation introduces a structured procedure for managing migrants in irregular situations. Once this situation is detected, national authorities must quickly issue a return decision. This will be registered through a standardized form called the "European Return Order" within the Schengen Information System (SIS), allowing any Member State to enforce a decision adopted by another EU country.
Return centers in third countries
One of the most sensitive elements of the reform is Brussels' desire to foster agreements with third countries to facilitate returns. In this context, the regulation opens the door to the creation of so-called return centers, facilities located outside the European Union intended to host individuals subject to expulsion procedures.
La Moncloa has already made its position on this point clear. In response to various parliamentary questions, the Executive has confirmed that it "does not intend to sign agreements with third countries for the transfer of migrants to return centers outside the community territory under the terms set out in the regulation proposal."
The Spanish Government has also insisted that any cooperation on returns must strictly adhere to European Union Law, International Law, and full respect for the fundamental rights recognized by international treaties and conventions.
On paper, the regulation defines a "return country" as a State with which there is a specific agreement whereby it agrees to receive a national of a third country subject to an expulsion decision. Such agreements may even regulate the conditions under which the internment of the affected persons would take place within the territory of the third country.
For these agreements to be considered valid, the co-legislators have introduced a series of legal safeguards. Among these, the obligation to respect international human rights standards stands out, and especially the non-refoulement principle, which prevents transferring a person to a territory where they may face persecution, torture, inhuman treatment, or any serious threat to their life or integrity.
Likewise, the agreements must provide for the existence of an independent supervisory body or mechanism responsible for assessing the correct application of the rules and the effective respect for the fundamental rights of returned persons.
Discrepancies on detention periods
The main differences between Parliament and Council during the negotiation focused on the maximum duration of detention periods.
The European Parliament advocated for setting a maximum limit of 24 months for those who did not cooperate with the authorities or posed an escape risk. However, Member States opted for greater flexibility.
Finally, the Council managed to introduce the possibility of extending detention for additional periods of up to six months even after the initial limit of 24 months had been exhausted, provided that new relevant information about the identity of the affected person emerged or significant progress was made in cooperation with the country of origin for the execution of the return.
The issue was one of the most controversial of the entire file, given that various human rights organizations had warned of the risk of generating situations of prolonged deprivation of liberty within the framework of administrative procedures.
Mutual recognition of expulsion orders
Another of the central points of the negotiation was the mutual recognition of return decisions between the different Member States.
The European Parliament advocated that, as of July 2027, any country in the Union would be obliged to automatically recognize and execute expulsion orders issued by another Member State.
For its part, the Council opted for a more gradual approach. The finally agreed position states that the European Commission will assess the effectiveness of the system two years after its implementation. Based on this assessment, Brussels may present new legislative proposals aimed at making this mutual recognition a fully binding obligation for all Member States.
European institutions consider that this mechanism will reduce administrative duplication and prevent individuals subject to a return decision in one Member State from remaining irregularly in another EU country by exploiting differences between national systems.
Progressive application of the new regulation
The colegislators finally agreed that the regulation will formally enter into force the day after its publication in the Official Journal of the European Union. However, a substantial part of its provisions will begin to apply twelve months later.
Presidency sources explain that this transitional period is due to the technical and administrative complexity of the reform. In particular, numerous aspects of the regulation will require national legislative modifications, regulatory adaptations, changes to IT systems, and specific training programs for the competent authorities.
According to these sources, the aim is to ensure that all Member States have the necessary time to adapt their legal and operational frameworks before the effective application of the new obligations.
In this context, the new European Return Order constitutes one of the most relevant instruments of the reform. The mechanism will be materialized through a harmonized form in which Member States will have to incorporate the essential elements of each return decision. The European Commission considers that this tool will facilitate the mutual recognition of expulsion decisions and improve administrative cooperation between national authorities, by ensuring that all States have the necessary information to execute orders issued by their European partners.
With this reform, the European Union takes another step in the construction of a common migratory policy aimed at increasing the effectiveness of returns, reinforcing cooperation between Member States, and providing Brussels with stronger instruments to manage irregular migratory flows throughout the Community territory.