On Wednesday 5 March, the EU’s interior ministers held a final discussion in Brussels on how to strengthen the EU’s return policy. The Commission will be presenting a new legislative initiative on the subject on 11 March.
The discussion focused on the current framework dating from 2008. “We talked about operational solutions such as Schengen alerts” on returns and support for Frontex, said the Commissioner for Migration and Home Affairs, Magnus Brunner.
According to one source, the delegations took advantage of this discussion to talk about their best practice and certain draft bilateral agreements, and reiterated their expectations of the new framework, even if the discussion did not necessarily focus on the details of innovative solutions or potential return centres.
The Commissioner reportedly sought to reassure all delegations that the new legislative proposal would meet all requirements.
At the final press conference, the Commissioner reiterated the objectives of this directive, given that one in five people subject to a return decision is now effectively removed from the EU.
Although he did not wish to reveal the legal form of this instrument - a directive or a regulation - the proposal will aim to tighten the cooperation obligations for persons subject to a return decision, with consequences in the event of non-cooperation. It will also mean adopting very clear rules on people who constitute a threat to security. Future legislation will also aim to simplify procedures so as not to create more burdens for administrations.
On her arrival, Nancy Faeser, the German Minister of the Interior, once again justified the need for a new legislative initiative. “An effective European returns system is essential for us. That’s why it’s good that the Commission is presenting a new proposal next week”.
“Return decisions must be simplified and implemented more quickly so that people required to leave the country cannot get out of their obligation to leave. We need more possibilities to order detention with a view to deportation, and we need full and sanctionable cooperation from those required to leave the country. Bureaucratic procedures must be avoided. We simply have to move faster here”.
For the Belgian Minister for Asylum and Migration, Anneleen Van Bossuyt, the situation is no longer “sustainable” and we now need to “go beyond taboos and move forward with innovative solutions”.
Concerns at the European Parliament. At a briefing, Tineke Strik (Greens/EFA, Dutch), rapporteur on the 2018 revision of the ‘Returns’ Directive, expressed concern about the possible content of the future proposal, in particular the strengthening of mutual recognition of return decisions between Member States when the systems are not harmonised.
She is also concerned about the vague reference to return centres in third countries, which leaves Member States a great deal of flexibility in setting up these return centres and the possibility of increasing the use of forced returns. (Original version in French by Solenn Paulic)