The Council of the European Union has given final approval to new return rules aimed at making it easier for member states to return people who have no legal right to remain in the EU. The rules complement the EU Pact on Migration and Asylum and are expected to enter into force in the coming weeks.
The new framework establishes common procedures for returns and introduces stricter measures for people considered a security risk, while requiring all return measures to respect fundamental rights.
New obligations for people ordered to leave
Under the rules, non-EU nationals without a legal right to stay will be required to leave the member state concerned and cooperate with the authorities.
Failure to cooperate may result in sanctions, including reductions in benefits or allowances, refusal of incentives for voluntary return, financial penalties or criminal sanctions where provided for under national law.
European Return Order introduced
The regulation introduces a European Return Order containing key information from a return decision. This is intended to help member states recognise return decisions issued by other EU countries.
Mutual recognition will initially remain voluntary and will be reviewed three years after the rules enter into force. The European Commission could then propose making the system mandatory.
Return hubs outside the EU
The new framework will allow member states to establish return hubs in non-EU countries for people who have received a return decision.
Such arrangements will require an agreement with the third country involved and must comply with international human rights standards and the principle of non-refoulement. Unaccompanied minors are excluded from such arrangements.
Stricter measures for security risks
Special provisions will apply to non-EU nationals considered to pose a security risk. Member states may, where justified and proportionate, impose indefinite entry bans or detention lasting more than 24 months.
The regulation will be published in the EU Official Journal and will enter into force the following day. Some provisions, including those concerning return hubs, will apply immediately, while others requiring preparatory work will take effect one year after entry into force.
What the new EU return rules mean for Cyprus
For Cyprus, the new EU return rules could strengthen the authorities’ ability to enforce return decisions against third-country nationals who have no legal right to remain in the country.
The introduction of a common European Return Order and the voluntary mutual recognition of return decisions could make it easier for Cyprus to act on return decisions issued by other EU member states, while stricter measures for people considered security risks could also give national authorities additional powers.
The possibility of return hubs outside the EU could further expand the options available for managing returns, although any arrangements would have to comply with international human rights standards and the principle of non-refoulement. The changes are particularly relevant for Cyprus as it seeks to improve the effectiveness of returns and implement the EU Migration and Asylum Pact.
Also read: Lebanon foils attempt to smuggle 10 Syrians to Cyprus for $5,000 each
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