European Return Order: How the EU plans to enforce cross-bloc repatriation
A new EU return regulation, designed to accelerate and streamline the procedures for the repatriation of illegal migrants from the territories of EU Member States, was approved by the EU Council on December 8.
The regulation establishes common procedures across the bloc, imposes strict new obligations on those without a right of residence, and introduces cooperation mechanisms between Member States, including the possibility of establishing temporary accommodation centers in third countries.
Under the new rules, Member States are empowered to refuse or reduce benefits, withdraw work permits, and apply criminal sanctions, including imprisonment, in cases of non-compliance with the obligations.
Crucially, the regulation mandates that illegal migrants subject to a return decision must actively cooperate with authorities, provide necessary identity and biometric data, and refrain from fraudulently obstructing the return process.
New 'Return Hubs' in Third Countries
The regulation introduces the legal basis for creating "return hubs," which are temporary accommodation centers in third countries. These facilities are designed to process individuals without a right of residence before their actual repatriation to their country of origin. Any agreement for such centers must strictly adhere to international human rights standards and the principle of non-refoulement (not returning people to a territory where they face persecution). These centers can function either as short-term transit points or as a final destination.
For those identified as a significant security risk, the regulation outlines specific, tougher measures. These include entry bans lasting over ten years or being unlimited in duration, alongside the possibility of prolonged detention, potentially including in prison facilities.
Mutual Recognition of European Return Decisions
A key structural change is the mutual recognition of return decisions across the EU. Member States will be able to recognize and enforce a return decision issued by another EU country without initiating a new, time-consuming procedure.
This will be facilitated by the introduction of the European Return Order (ERO). The ERO will be registered in the Schengen Information System and is intended to facilitate the consistent application of repatriation decisions throughout the Union. The Order is mandated to be implemented within two years of the regulation's entry into force.
"Three out of four migrants who receive a return decision from the European Union currently continue to remain here instead of returning to their country of origin. This new regulation can significantly contribute to changing those figures," stated Rasmus Stoklund, the Danish Minister for Immigration and Integration. "For the first time, third-country residents illegally present within the bloc will have strict obligations, and Member States will gain more effective tools, such as longer detention periods and extended entry bans."
The agreement adopted by the Council on December 8 will now form the basis for negotiations with the European Parliament to finalize the full legal text.
The new measure complements the broader European Pact on Migration and Asylum, which was adopted in June 2024 and is set to apply fully in June 2026. That comprehensive pact regulates almost all facets of migration and asylum policy in the European Union, ranging from asylum procedures and security checks to emergency measures.
Translation by Iurie Tataru
