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 rule of law requirements. The working paper addresses in particular procedural safeguards, detention as a measure of last resort, returns to third countries, as well as the best interests of the child in decisions affecting families. It highlights the institutional and systemic risks associated with any weakening of European protection standards.
Context and Key Issues of the EU Regulation on Returns
The proposed EU Regulation on returns presented by the European Commission aims to establish a common system of returns for third-country nationals staying irregularly within the European Union. The proposal seeks to replace the current Directive and to further harmonise return procedures for third-country nationals staying irregularly across Member States.
This reform entails major fundamental rights implications, particularly concerning the principle of non-refoulement, administrative detention, and procedural guarantees. The Observatory’s analysis assesses the legal consequences of these developments in the light of the jurisprudence of the CJEU and the ECtHR.
Key Findings
- Respect for the principle of non-refoulement
- Strict limitations on detention
- Individualised assessment of the best interests of the child
- Responsabilité institutionnelle et risques systémiques
