EU RETURN REGULATION: EFFICIENCY VS FUNDAMENTAL RIGHTS?
- bilsociety20
- 5 mag
- Tempo di lettura: 2 min
by Giulia Chiesa
On 26th March, the European Parliament approved its position on a new migration measure concerning the return of irregular migrants.
In particular, the proposal introduces the construction of return centres outside the borders of the European Union and also new returning procedures for illegal immigrants.
This measure and, in general, the new migration framework, reflect a shift towards a stricter approach to migration.
The proposal would also increase the period of legal detention from 18 months to up to two years and would permit almost all entry bans in the EU under return policy.
In addition, irregular immigrants could be returned not only to their country of origin, but also to third countries with which the EU or Member States have made bilateral agreements. In this context, the construction of the so-called return hubs is significant and demonstrates how migration is expected to be managed outside European borders.
The Return Regulation recently discussed reflects a broader framework adopted by the European Parliament and Council with the New Pact on Migration and Asylum, which entered into force on 11 June 2024 and is expected to be applied from this year. The Pact aims to ensure safer borders, faster procedures and harmonization among Member States.
However, the Pact did not specifically address aspects related to effective returns. This is why there was a need to propose a new regulation that enforces a strong policy in cases of rejected application by illegal migrants.
Although this regulation was approved by the Parliament, it will also require the Council’s approval of the Council to be considered binding for the Member States. Moreover, its implementation will depend on cooperation with third countries. In particular, this aspect raises legal problems. In fact, many critics are concerned about fundamental rights, especially because longer detention periods, entry bans and return hubs in third countries may conflict with EU law and the European Convention on Human Rights.
Overall, the proposal demonstrates a shift towards a more restrictive and security-oriented migration policy within the EU. At the same time, it raises a central issue: how to guarantee a balance between effective migration control and the protection of fundamental rights.
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