At its plenary session on Thursday 26 March, the European Parliament formally adopted its negotiating mandate on the reform of the regulation governing the return of irregular migrants, a step that allows for the start of interinstitutional negotiations (trilogues) with the Council of the European Union.
The text calls for the introduction of mutual recognition of return decisions between Member States, the creation of a “European return order” and the establishment of “return centres” in third countries. It also considerably tightens up coercive measures, providing for lifetime bans on entry and an extension of detention periods to 24 months.
Malik Azmani reaches the trilogues... with someone else’s report. The adoption of the mandate (389 votes in favour, 206 against, 32 abstentions) provoked a long round of applause in the Chamber – before which Malik Azmani (Renew Europe, Dutch), however, remained stone-faced.
And with good reason: although the MEP is still rapporteur on the dossier, the text voted on is in fact that of François-Xavier Bellamy (EPP, French), who presented a much harsher alternative report after negotiations between the groups forming the ‘von der Leyen’ majority broke down (see EUROPE 13823/4). It won a large majority of Christian Democrat, Conservative and far-right MEPs in the Committee on Civil Liberties on 9 March (see EUROPE 13824/10).
Trapped by his own text, Mr Azmani abstained from both votes... without giving up his seat.
The right celebrates. The EPP, the real ‘architect’ of the report, celebrated the validation of the text, the “final pillar” missing from the Pact on Migration and Asylum. “Without enforcing return decisions, there is no credible migration policy”, said Tomas Tobé (Swedish), Vice-Chair of the group, once again attacking the Social Democrats who, in his view, had refused to support a “pragmatic approach”.
This enthusiasm was shared by Charlie Weimers (ECR, Swedish), who welcomed a “consensus” for “tougher sanctions on those who refuse to comply and reinforcing the external dimension of our migration policy”.
The Greens denounce a “vote of shame”, while civil society fears the worst. On the other hand, the three parties on the left of the Chamber are angry.
Denouncing the “abolition of voluntary return” and the “absence of meaningful procedural safeguards”, Murielle Laurent (S&D, French) expressed her indignation at the EPP’s alliance with the radical right, recently corroborated by leaked private conversations (see EUROPE 13830/9). “Migration policy is complex and requires careful and responsible legislation. This text, and the way it has been drafted, is the opposite of that”, she maintained.
For her part, Mélissa Camara (Greens/EFA, French) condemned a “vote of shame”, a “renunciation of the EU’s fundamental values”, and the disappearance of “what little remained of the ‘cordon sanitaire’” around the far right.
At the same time, several NGOs reiterated their concerns about the consequences of such a text. In a press release, the migrant aid association PICUM called for avoiding the “normalisation of abuse” along the lines of the American immigration services (ICE), as this could “tear families apart”. Médecins du Monde and several groups of healthcare professionals also warned, via an open letter, that hospitals could become “immigration control centres”, encouraging migrants to avoid treatment for fear of being reported, to the detriment of public health and medical confidentiality.
The trilogues are already on the way. Despite the criticism, the first exchanges between Parliament and the Cyprus Presidency of the EU Council took place in the wake of the vote, albeit briefly.
Nicholas Ioannides, Cypriot Deputy Minister for Migration, reaffirmed the objective of building a “firm but fair” system, saying that “the citizens of the EU expect us to deliver on our pledge for a functional return system”.
Technical work must continue before the next interinstitutional meeting, scheduled for 22 April. The EU Council Presidency’s ambition is to reach a final agreement that is “legally sound and enforceable” by the end of its term in June 2026. (Original version in French by Justine Manaud)