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The approval of the new European legislation on returns marks one of the most significant changes to the Union’s migration policies in recent decades. The European Parliament has given its green light to a regulation designed to speed up and make expulsion procedures more effective for foreign nationals who do not have a legal right to remain in the Union. This measure responds to growing calls from many Member States to strengthen the tools to combat irregular immigration and ensure greater credibility in decisions taken by national authorities. The regulation was approved thanks to a convergence of forces from the European center-right, the European Conservatives and Reformists, and other groups to the right of the Chamber, as well as the support of several members of the liberal Renew Europe group.
THE BIRTH OF A NEW MAJORITY ON MIGRATION POLICY
The vote confirms the emergence of a parliamentary majority in favor of a more rigorous approach to immigration. The European People’s Party has once again chosen to collaborate on the legislative level with the European Conservatives and Reformists Group and other political forces that share the goal of strengthening border control and making repatriations more effective. While continuing to rule out structured political agreements with parties considered excessively radical, such as Alternative für Deutschland in Germany and the Rassemblement National in France, the EPP believes the parliamentary contribution of these forces is strategically important to building majorities in favor of a restrictive revision of immigration rules. This approach marks a progressive move beyond the traditional centrist alliance of the People’s Party, Socialists, and Liberals, especially on issues considered priority by a growing segment of European public opinion.
RETURN HUBS AND THE EXTERNAL DIMENSION OF MIGRATORY POLICY
The most innovative aspect of the reform is the possibility for Member States to establish return facilities outside the European Union through agreements with third countries. These centers, called return hubs, are a tool designed to strengthen international cooperation in managing expulsions and overcome some of the difficulties that have limited the effectiveness of return policies in recent years. The new facilities may perform different functions. In some cases, they will serve as temporary transit centers, where migrants will await their return to their country of origin. In other cases, they may be transformed into longer-term facilities, where migrants could remain for extended periods without necessarily having a predetermined maximum term or an absolute guarantee of subsequent transfer. The legislation establishes only one automatic exclusion: that of unaccompanied minors. Families with minor children, however, may be transferred to these facilities if the competent authorities deem it necessary as part of the repatriation procedures. The regulation also introduces a series of provisions aimed at making the identification of individuals subject to expulsion orders more efficient. The reform also grants national administrations new powers to track down those attempting to evade the enforcement of return orders. According to supporters of the legislation, these tools address the need to ensure the effective implementation of decisions adopted by Member States, preventing the entire system from being rendered ineffective by the lack of adequate controls.
STRENGTHENED ENTRY BANS
Among the most significant innovations of the reform is the tightening of restrictive measures applicable to irregular migrants awaiting expulsion. The maximum administrative detention period has been extended from the current six months to two years. Under certain circumstances, an additional six-month extension will be possible. For individuals deemed a threat to public safety, a particularly stringent provision has been introduced, potentially allowing for indefinite detention. The stated objective is to prevent individuals deemed dangerous from evading removal procedures or posing a risk to the community. The regime of re-entry bans has also been significantly tightened. In most cases, the duration of the ban has been increased from five to ten years. Individuals classified as a security risk will also be able to be permanently banned from entering the European Union. Another change concerns the system for appealing expulsion orders. Current legislation provides for automatic suspension of repatriation until the conclusion of the legal proceedings initiated by the migrant concerned. The new legislation eliminates this automatic mechanism. Judges will assess each case individually, deciding whether or not the conditions for temporarily suspending the enforcement of the repatriation order exist. The reform is a clear indication of the political evolution underway in the EU. The growing focus on controlling irregular immigration and the effectiveness of returns is redefining the legislative priorities of European institutions, ushering in a new phase in the development of EU migration policies.