Legal Analysis of the EU Regulation on Returns
This legal analysis examines the proposed EU Regulation on Returns in light of fundamental rights, the principle of non-refoulement and the requirements of the rule of law.
The working paper looks in particular at procedural safeguards, detention as a measure of last resort, returns to third countries, and the best interests of the child in decisions concerning families.
It highlights the institutional and systemic risks associated with a weakening of European protection standards.
Context and Issues at Stake in the EU Return Regulation
The proposed EU Regulation on Returns put forward by the European Commission aims to establish a common return system for third-country nationals staying irregularly in the EU. The text proposes to replace the current Directive and to strengthen the harmonisation of return procedures for irregularly staying third-country nationals across the European Union.
This reform raises major fundamental rights concerns, particularly with regard to the principle of non-refoulement, administrative detention and procedural safeguards.
The Observatory’s analysis examines the legal implications of these developments, in light of the case law of the CJEU and the ECtHR.
Key Points of the Analysis
- Respect for the principle of non-refoulement
- Strict limits on detention
- Individual assessment of the best interests of the child
- Institutional responsibility and systemic risks
