The report by Dutch MEP Malik Azmani (Renew Europe) on the Regulation on the return of illegal immigrants to the EU (see EUROPE 13749/3) received a mixed reception from the European Parliament’s Committee on Civil Liberties on Tuesday 11 November.
While the MEP sought to strike the best balance by maintaining the objective of making the European return system more efficient while giving Frontex new responsibilities for monitoring fundamental rights in return procedures, the PfE Group criticised the report for being too weak.
On the left, notably the S&D, The Left and the Greens/EFA, the Liberals were criticised for maintaining return ‘hubs’, detaining families with minors and ending the automatic suspensive effect of appeals. The Left has already announced that it will vote against.
The rapporteur, who held talks with almost all the member countries and NGOs and visited the ‘Italian’ centres in Albania, made 200 amendments, but preserved the main principles of the original text.
For the Dutchman, European harmonisation is first and foremost a necessity. “That’s why I propose a direct mandatory mutual recognition between Member States. Only with this direct mutual recognition, we can prevent an increase in secondary movement and also reduce administrative burden as no entirely new procedure is needed”.
He also favoured voluntary return over forced return, which is “more sustainable and effective”. To this end, an entry ban should not be issued to people who leave the EU voluntarily, unless there is a security threat.
For ‘hubs’ in third countries, there is a need for an ‘agreement’, not just an arrangement. The rapporteur includes a monitoring system by Frontex. “This mechanism should be able to monitor all removals, including those to and from third countries with which an agreement exists, and cover the entire removal process. (...) To this end, amendments to the ‘Frontex’ Regulation are necessary”, states the amendment.
The shadow rapporteur for the EPP, François-Xavier Bellamy (French), was delighted that the work had begun. Welcoming the end of the suspensive nature of appeals, he nevertheless wants forced return to be the norm, which would have an effect on the increase in voluntary departures. He will also insist on guaranteeing the minimum administrative burden for Member States.
The S&D shadow rapporteur, France’s Murielle Laurent, welcomed the emphasis on voluntary return and the mechanism for monitoring fundamental rights by Frontex, although more details are needed. But she sees few fundamental changes, criticising the continued possibility of detaining minors, the ‘hubs’ and the end of automatic suspensive effect. Nor is she convinced by compulsory mutual recognition.
The shadow rapporteur for the Greens/EFA, Mélissa Camara (French), also fears violations of rights under this compulsory mutual recognition. She is critical of ‘hubs’ such as those she has seen in Albania, which in her view do not meet a “broad social demand”, as the rapporteur writes.
For Marieke Ehlers (Dutch), shadow rapporteur for the PfE, the report is “disappointing on the face of it”, with “few substantive changes” and “layers of bureaucracy”. In her opinion, while the end of the suspensive effect of appeals is positive, there is still the need to “go further”. (Original version in French by Solenn Paulic)