Government supports Common European System for Returns

In March, the European Commission submitted a proposal for a new return regulation that aims to improve the effectiveness of the return of persons staying illegally in the EU and to prevent unauthorised movements within the Schengen area. The regulation would replace the current Return Directive. The Government informed Parliament of the Commission's proposal by submitting a Union communication on 15 May.

The regulation would establish a Common European System for Returns. The aim is to make the return procedure more efficient by providing EU Member States with common, clear and up-to-date rules for the effective management of returns. The rules would cover the different stages of the return procedure, starting from the identification of an illegally staying person.

Unauthorised movements within the Schengen area would be prevented, for example by introducing mutual recognition of return decisions. This would allow a Member State to directly enforce a return decision issued by another Member State.

The regulation would ensure that persons who have been issued with a return decision leave the EU, either voluntarily or under escort. It would also speed up the return of persons posing security risks.

In addition, the regulation would enable the creation of so-called return hubs outside the EU. Persons staying illegally in the EU could be transferred to a return hub to wait for their return to their country of origin.

Effective returns are a prerequisite for a credible migration system 

The Commission’s proposal for a return regulation supports the objective set out in the Government Programme, namely that rejected applicants should return or be returned to their countries of origin as soon as possible. The Government considers it necessary to improve the effectiveness of returns to ensure that persons staying illegally in the EU leave the territory of the Union, either voluntarily or under escort.

The Government supports the creation of a Common European System for Returns. An efficient and effective return policy is a prerequisite for a credible asylum and migration system, while also playing a key role in ensuring the security of the entire Union. Common practices are the best way to ensure the effective return of those illegally staying in the EU, including people posing security risks, and to prevent unauthorised movements between Member States. 

The Government welcomes and supports the fact that the regulation would establish a clear legal framework for the creation of return hubs. The hubs would encourage voluntary return. Finland will participate in the negotiations on their establishment by a joint decision of the EU or a group of Member States. Participation in the operations of an individual return hub will be decided separately.

In addition to improving the effectiveness of legislation, it is important that the European Commission and the European External Action Service continue to work actively with third countries to improve readmission cooperation. It is essential to make the EU's common return policy more effective using tools in different policy sectors.

Regulation would be directly applicable in Member States

Currently, the provisions on the return of persons staying illegally in the EU are laid down in the Return Directive, which leaves a lot of room for national regulation in the Member States. Efforts to reform the EU's return rules have been ongoing since 2018. The current proposal takes the form of a regulation, meaning that its provisions would be directly applicable in the Member States. 

In the next stage, the European Parliament and the Council of the EU will discuss the proposal.

Inquiries:
Emma Rimmanen, Senior Specialist, tel. +358 295 488 325, firstname.lastname@gov.fi