The German Presidency of the EU Council has collected comments from Member States on how they think Frontex should help them organise the return of illegal immigrants in the EU. It will present these conclusions on 26 October, in the ‘Expulsion’ working group.
Last summer, the Presidency launched a questionnaire on the subject (see EUROPE 12549/7), in particular on the use of escort officers, the organisation of joint flights, the care of minors by Frontex and Frontex’s action in reintegrating ‘returnees’.
On the first chapter, according to a document seen by EUROPE, Member States have not expressed a need for additional Frontex escorts to carry out their returns, but have nevertheless shown some interest. However, the majority indicated that there were legal difficulties in transferring sovereign powers to the agency.
Respondents also reportedly expressed concerns about the use of force by these escort officers and said that compatibility with national law and reporting of possible incidents should be verified.
On joint charter flights, “many Member States are generally interested in Frontex pro-actively organising Joint Return Operations at least occasionally or as required by circumstances to specific countries of origin”, says the text. Only the Netherlands, Belgium, Austria and Slovenia said they had no specific interest.
Such support could relate to planning charter flights, in particular through the purchase of aircraft or the reduction of administrative and logistical obstacles encountered in certain countries of origin.
However, the respondents recognise that “that there are fundamental logistical, technical and resource problems involved in organising joint charter flights, especially with regard to establishing the concrete needs across all Member States”. A better communication and planning architecture can address this.
Efforts should focus on those non-Member States which pose problems in terms of identification, obtaining passport substitutes or landing permits. Respondents also say that it should be possible to deport a finally rejected person directly from a country rather than transferring him or her to the country of first entry under the Dublin Regulation.
For minors, Member States say that cases are rare and sometimes not allowed by national law. All replied that the best interests of the child should prevail; they advocated the use of IOM services to investigate the situation of the minor’s family in the country of origin, assisted voluntary return programmes and the avoidance of detention.
During return operations, the aim is to have “adult relatives or other legal representatives accompany minors, if possible, or staff specially trained for this task”.
Once on site, they should ideally be handed over to parents or other family members and individual follow-up should be ensured.
Link to the answers: https://bit.ly/2ITDjxv (Original version in French by Solenn Paulic)