BRUSSELS – The European Parliament has approved a major overhaul of the European Union’s system for returning non-EU nationals who have no legal right to remain in the bloc, introducing faster procedures, stronger cooperation requirements and the possibility of establishing so-called “return hubs” outside the EU.
The reform was approved on June 17 by 418 votes in favor, 218 against and 30 abstentions, marking a significant tightening of European migration policy.
However, despite claims circulating online, the new rules are not yet in force and do not establish a system of mass or collective deportation.
The European Parliament confirmed that the legislation still requires formal adoption by the Council of the European Union and publication in the EU’s Official Journal before it can enter into force.
The June vote followed a provisional agreement reached between negotiators for the European Parliament and the Council on June 1.
Faster Returns and Greater Cooperation
The proposed Return Regulation is aimed specifically at third-country nationals who have received a decision requiring them to leave because they do not have the legal right to remain in an EU member state.
Under the legislation, people subject to a return decision will be required to cooperate with authorities in preparing their departure.
The reform also creates a European return order. Return decisions will be made available through the Schengen Information System, making it easier for another EU member state to enforce an order if the person moves elsewhere within the Schengen area.
Authorities will also receive broader powers to detain individuals in certain circumstances, including when there is a risk that they will abscond, refuse to cooperate or pose a security threat.
Detention could last up to 24 months in certain cases, with stricter provisions applying to people considered a security risk.
Return Hubs Outside the EU
One of the most controversial elements of the reform is the possibility of establishing return hubs in countries outside the European Union.
Under the agreement, an EU member state could reach an arrangement with a non-EU country willing to accept people subject to return decisions.
Such agreements would have to comply with international law, human rights requirements and the principle of non-refoulement, which prohibits sending someone to a country where they could face persecution, torture or other serious harm.
Unaccompanied minors cannot be transferred to these return hubs.
The proposal has generated considerable political controversy. Supporters argue that the EU needs more effective mechanisms because many people ordered to leave the bloc are currently not returned.
Critics, including human rights organizations and UN officials, have warned that expanding detention and creating return centers outside Europe could weaken protections for migrants and asylum seekers.
No “Mass Remigration” Law
The legislation does not establish a blanket system requiring millions of migrants to leave Europe.
Instead, return procedures concern individuals who have been determined not to have a legal right to remain in the EU.
The European Parliament specifically states that the new system must operate in accordance with fundamental rights and international law, including the prohibition of collective expulsions and the principle of non-refoulement.
Asylum protections therefore remain relevant. A person cannot simply be collectively deported because of nationality or migration status without the procedures and safeguards required under European and international law.
Not Yet in Effect
Another important distinction concerns when the rules become applicable.
The European Parliament’s June 17 vote did not mean that the entire system immediately became European law.
The Council must first formally adopt the text, after which it must be published in the Official Journal of the European Union.
Once the regulation enters into force, some provisions — including certain rules concerning return hubs, the external dimension of returns and age assessments of minors — are expected to apply immediately. Other provisions requiring preparations will become applicable 12 months after the legislation enters into force.
Europe is therefore clearly moving toward a tougher approach to irregular migration and the enforcement of return decisions.
But portraying the June 17 vote as an already operational program for the collective deportation or “remigration” of millions of people misrepresents what the European Parliament actually approved.
The European Parliament’s official explanation of the June 17 vote and next legislative steps is available here: European Parliament — New EU system for migrant returns.