Background: Why the EU wants to change the return system
There are currently many different national rules in the European Union regarding people without Residence permit are required to leave the EU. Although there is a common EU directive from 2008, it leaves member states considerable leeway in its implementation. As a result, procedures often differ from country to country.
According to the EU, these differences result in procedures taking a long time or not being carried out at all. In addition, it is common for individuals to travel to another EU country after a return decision has been issued. There, the procedure often starts over from the beginning.
According to the European Commission, only about 20 percent of those required to leave the EU actually do so. The Commission views this as a key problem in European migration policy. A functioning asylum system can only exist if deportations and returns are actually carried out.
That is why the EU is planning a fundamental reform. The goal is to establish a common system that operates similarly across all member states. The reform is part of the EU Migration Pact, which was adopted in 2024 and is intended to overhaul the entire asylum and migration system.
What is being voted on today?
Today, Members of Parliament are not voting on the bill itself, but on whether to begin formal negotiations with the Council of the EU. The responsible Committee on Civil Liberties had already come out in favor of this in early March.
However, several parties have demanded that the entire Parliament vote on the matter. As a result, a vote will now be held in the plenary session. If a majority approves the motion, initial talks with the current Council presidency could begin as early as today.
An overview of the most important changes
The reform introduces several new rules that would significantly change the way deportations and repatriations from the EU are handled.
Uniform rules across the EU: The reform aims to ensure that a Member State’s deportation decisions are recognized in other countries as well. This means that if a person is ordered to leave one EU country, that decision can also be enforced in another Member State. The goal is to prevent individuals subject to deportation from traveling on and having to go through the process again and again.
Greater obligation to cooperate: In addition, third-country nationals will be required to cooperate more fully in their return. This includes, for example, proving their identity, assisting in the procurement of documents, and remaining available to the authorities. Those who fail to cooperate can expect stricter measures, such as disadvantages in the proceedings, longer entry bans, or restrictions on support services.
Faster deportations: The reform is also intended to ensure that deportations are carried out more quickly. Voluntary departures will continue to be given priority. At the same time, however, deportations will be carried out more consistently when individuals do not leave voluntarily.
Detention possible: The reform also provides for stricter measures to ensure deportations. Under certain conditions, it will be possible to detain individuals required to leave the country—for example, if there is a risk that someone might evade the proceedings. The planned maximum duration can be up to 24 months and, in certain cases, even longer.
Return centers outside the EU: Another new development is the possibility of organizing returns more extensively via third countries. The EU aims to establish so-called “return hubs” outside the EU. These hubs are intended to provide temporary accommodation for individuals while their return is being arranged. According to the proposal, a prerequisite is that fundamental human rights are respected in these countries.
Entry bans: The proposed law also provides for entry bans—for example, if a person is deported, exceeds the deadline for voluntary departure, or poses a security risk. The maximum duration is up to ten years, and in certain cases even longer.
Two Ways to Return: Voluntary Departure and Deportation
The reform clearly distinguishes between two forms of return: voluntary departure and deportation.
In the case of voluntary departure, a deadline is set by which the person concerned must leave the EU on their own. This deadline is generally up to 30 days, but may be extended in special cases, such as for family reasons.
Deportation will take place if this deadline is not met or if certain other grounds apply. These include, for example, failure to cooperate, onward travel to another EU country, or security concerns. The aim is to encourage voluntary departure by holding the threat of deportation as a clear consequence in the background.
What the reform means for people with uncertain immigration status
For asylum seekers and other third-country nationals without the right to reside, the reform could bring about significant changes if it is adopted.
In the future, proceedings could be expedited, and deportations could be carried out more consistently. At the same time, pressure is mounting on those affected to actively cooperate with the authorities.
Furthermore, the planned recognition of decisions throughout the EU will make it more difficult to evade proceedings by moving to another country.
At the same time, the EU emphasizes that fundamental rights must continue to be protected. These include, for example, the right to an individual case review, protection against deportation to unsafe countries, and special provisions for children and other vulnerable persons.
What happens now?
Today's vote will initially only determine whether negotiations will begin. The bill itself has not yet been passed.
If Parliament approves the proposal, negotiations between Parliament and the Council will begin. The reform can only be finally adopted once both sides have reached an agreement.
