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The European Commission's proposed return regulation effectively introduces the possibility of moving persons "for whom a return decision has been issued to a third country with which there is a return agreement or arrangement (return centre)"
The European Commission is preparing to promote a new regulation on returns that could represent a major turning point in the management of migration policies. The text, which is expected to be presented on Tuesday (11 March) at the plenary session of the European Parliament in Strasbourg, consists of 52 articles and foresees the establishment of a "European return order" to harmonise procedures and overcome the current regulatory fragmentation. The new regulation legitimises the agreement between the Meloni and Rama governments on migrant camps in Albania, pending the examination of asylum applications.
What does the draft regulation say?
According to the draft, the aim of the regulation is to provide "clarity" and "greater effectiveness" in repatriation policies, Ansa reports.
Currently, each country adopts its own national system, with different approaches that, in fact, jeopardize the effectiveness of expulsions at community level. The stated objective is to create a common system, in line with the Pact on Migration and Asylum, which strengthens the EU's credibility in managing migration.
"When people who have no right to stay in the EU stay, the entire migration and asylum system is damaged. It is unfair to those who have played by the rules, undermines Europe's ability to attract and retain talent, and ultimately erodes public support for open and tolerant societies. It encourages illegal arrivals and exposes the illegal conditions of immigrants in advance."
Among the main measures of the new regulation, Article 10 introduces an "entry ban" for those who do not cooperate with voluntary repatriation or do not leave the territory by the specified date. The ban, which can last up to ten years, also applies to those who move to another member state without authorisation.
Further tightening is foreseen by Article 16, which provides for the ban on entry for those who represent a "risk to the security" of the EU. These measures aim to strengthen the control of persons irregularly present on European territory and reduce unauthorized movements within the Schengen area.
Repatriations to "nodes" outside the EU: what the regulation says
But the regulation also intervenes in one of the most heated issues in Italian politics, namely the movement of irregular migrants and asylum seekers towards new Albanian centers.
The European Commission's proposed return regulation effectively introduces the possibility of moving persons "for whom a return decision has been issued to a third country with which there is a return agreement or arrangement (return centre)".
So a partial approval for the Meloni government's initiative, at least regarding the repatriation of irregular migrants.
In this case, "an agreement" may only be concluded with a third country where international human rights standards and principles are respected, in accordance with international law, including the principle of non-refoulement", the text of the regulation underlines.
Not only that: “Such an agreement or understanding should determine the modalities of the transfer, as well as the conditions for the period during which the third-country national stays in the country, which may be short-term or long-term,” the draft specifies. Therefore, this is an essential green light for the relocation of irregular migrants, awaiting deportation, to third countries, but under certain conditions.
Only 20% of evictions are effective
The text highlights how the lack of a uniform regulatory framework has created implementation problems and bureaucratic delays. Today, only 20% of third-country nationals ordered to leave the Union actually comply with the order.
However, many of them evade controls by moving between different Member States. Furthermore, the current legislation leaves a wide margin of discretion to national legislation and courts, creating uncertainty and hindering the effectiveness of repatriation procedures.
Another critical issue is the lack of cooperation from those who need to be repatriated. Some resist, others evade authorities or find ways to obstruct the procedures. The difficulty in monitoring migrants throughout the administrative process is another factor slowing down progress.
It is certain that the new regulation may soon be followed by a lot of criticism, despite the text that underlines that all measures respect the principles of international law. And whether the new measures will actually be implemented in practice will depend on the political will and the ability of individual states to implement them uniformly. /Adapted from Pamphlet/
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