The negotiating teams of the European Parliament and the Council of the EU (the governments) reached an agreement this Monday on the return regulation that tightens the conditions for those whose asylum applications are rejected in the European Union and reinforces the option for Member States to transfer deportation centers to third countries, following the example of the agreement reached by Italy with Albania.
The understanding was reached after overcoming the last point of friction, the date of entry into force. The European Parliament pushed for the new regime to be applied as early as January, while the Twenty-Seven requested a one-year grace period. Finally, as indicated to Europa Press by negotiation sources, most of the provisions will begin to be applied within twelve months of their entry into force, although some measures, such as support for the outsourcing of deportation centers and the strengthening of the role of the European border agency (Frontex), will be activated from the moment the regulation is published in the Official Journal of the EU (OJEU).
The text introduces the obligation for asylum seekers to cooperate with the authorities to facilitate their departure from the EU territory if their application is denied, and also contemplates maximum detention periods of up to 24 months for individuals subject to repatriation who do not cooperate or when authorities assess a flight risk.
These periods may also apply to unaccompanied minors and families with young children, given that, although it is specified that it must be a measure of "last resort" and for the shortest possible time, taking into account the best interests of the child, the directive does not set a specific limit lower than the general maximum of 24 months.
In any case, the reasons for ordering detention and the specific duration must be defined in the legislation of each Member State, and judges will be the ones to decide in the last instance. The new framework also recognizes the power of EU countries to offer alternatives to detention, such as the obligation to report periodically to the authorities, notify a stable address, or provide a financial guarantee.
Likewise, at the proposal of the European Commission, any Member State shall recognize and execute return decisions and expulsion orders issued by another country of the Union before July 1, 2027. The State in whose territory the person affected by the order is located shall assume responsibility for carrying out their return.
Detention and Outsourcing Centers
The new directive consolidates the figure of deportation centers in third countries, with which the Union intends to outsource part of the return process of migrants to whom asylum is denied, so that they remain outside the Community territory while their definitive expulsion to the country of origin or transit is processed.
With this approach, the bloc provides coverage for schemes such as the one that the Italian Executive of Giorgia Meloni agreed with Albania to send migrants without the right to international protection there while their departure is managed, and admits that these types of agreements can be closed by one or several Member States or by the Union itself.
In any case, these mechanisms, for which a specific legal fit is now established because until now they clashed with Community Law, may not be used to transfer unaccompanied minors.
The agreement has drawn strong criticism from organizations such as the International Rescue Committee (IRC), which has warned that the result will be "legislation riddled with dangerous loopholes" that will leave migrants unprotected. "Most concerning is that governments have rushed to strengthen deportation powers without establishing adequate safeguards to prevent illegal detentions, abuses of power, and human rights violations," warned IRC's EU policy director, Marta Welander.