On Monday 7 April, groups on the left and the centre-right in the European Parliament expressed concerns about the draft regulation on the return of irregular migrants presented by the European Commission on 11 March (see EUROPE 13597/17).
This regulation tightens the cooperation obligations of persons subject to a return decision, extends the grounds and duration of detention and provides for longer entry bans.
It also opens the door to ‘return hubs’ in third countries on the basis of criteria to be met by willing Member States.
On the right of the political spectrum, the EPP, PfE and ECR groups welcomed the initiative, although the PfE group deplored the lack of cooperation with third countries and regretted that unaccompanied minors were treated more favourably.
Conversely, the S&D, Renew Europe, Greens/EFA and The Left groups have shared with Magnus Brunner, the European Commissioner for Migration, their concerns both about respect for fundamental rights and the guarantee of their application in these future hubs, and about more widespread criminalisation of migrants in the EU.
Migrants will “always try to come to the EU” for a better life, commented French MEP Murielle Laurent (S&D).
Fabienne Keller (Renew Europe, French) wondered about the legal status of people whose right to asylum has been rejected and who are sent back to third countries, and how European countries can take responsibility when this is not within their jurisdiction.
She also voiced her dissatisfaction with the Commission’s forthcoming review of the concept of “safe third country”, while the ‘Asylum and Migration Pact’ and its Asylum Procedures Regulation, which has already made it possible to define this concept, have “not yet been applied”. The MEP considered the method disrespectful of Parliament.
With regard to the concept of ‘safe third country’, which could be revised in the next few days, Mr Brunner simply said that he was doing his job, as the Council of the EU had requested a revision before June 2025.
Estrella Galán (The Left, Spanish) condemned these ‘return hubs’ as new “Guantanamos”, with no maximum length of stay in the centres.
The Commissioner bristled at this last reference, saying he was “offended” when he had insisted at length on the framework recommended by the Commission, namely the exclusion of minors and families with minors from this system of return hubs and the need to fulfil obligations such as non-refoulement and to put in place a mechanism to monitor rights.
While it will be up to the interested EU countries themselves to conclude these agreements with the third countries of their choice, they will then have to “send this project to the Commission for assessment”, said Mr Brunner.
He also rejected any criminalisation of migrants, even though this proposal only targets people who have exhausted all possible avenues to remain in the EU.
At the start of his hearing, the Commissioner said he was relatively confident about the fate of the proposal, despite the consensus that the current rules on returns are not working. He noted initial progress in 2024, with an increase in the number of returns made, i.e. “20,000 more than in 2023”, a rate that is close to an execution rate of 25% of the decisions handed down. “It’s still far too low”, he said.
Malik Azmani (Renew Europe, Dutch) will be the rapporteur on the ‘returns’ regulation. (Original version in French by Solenn Paulic)