Planned revision of the EU Return Directive

According to Directive 2008/115/EC (the Return Directive, RD), third-country nationals (TCNs) staying illegally on the territory of a Member State should, as a general rule, be issued a return decision obliging them to leave the EU. However, available data suggest that among those who receive such a decision, only about a quarter actually leave the EU (see Figure 1). Data on irregular migration, as well as returns statistics, should be used carefully, as they are often incomplete, inconsistent and insufficient. For example, statistics on return decisions may contain duplicates, whereas data on certain voluntary returns are not collected systematically. In 2018, the European Commission proposed a targeted revision of the RD aimed at updating the rules and streamlining procedures across Member States. As progress on the proposal stalled, the Commission sought to improve return rates through enhanced operational cooperation (e.g. an operational strategy on returns and a recommendation on mutual recognition of return decisions). The pact on migration and asylum, adopted in May 2024, introduced several changes on return. These include a new return border procedure applicable to TCNs rejected in the asylum border application, and the obligation for Member States to issue a common or joint decision for the rejection of an asylum claim and return. In her political guidelines for 2024-2029, the President of the European Commission, Ursula von der Leyen, announced her intention to develop a new common approach on returns, which would include a new legislative proposal on return. The European Parliament has reiterated the need to improve the effectiveness of the EU's return policy, highlighting also the need to reconcile the sustainability of returns and respect for fundamental rights.