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Negotiations with member states begin; no immediate changes expected on the ground
The European Parliament has adopted its position on the new regulation on the return of migrants, taking the process to a crucial stage of negotiations with EU member states. The vote sets out the main lines on return deadlines, detention, the use of centres outside the EU (“return hubs”) and the conditions for transfers to third countries.
Under the legislative procedure, trilogues, informal negotiations between the Parliament, the Council and the European Commission, will begin in the coming days to reach a compromise on the final text. The Council, representing the governments of the 27 member states, takes a more restrictive approach than the current directive, favouring faster procedures and a wider use of the ban. Discussions are expected to focus on procedural guarantees, judicial review and the limits of cooperation with third countries.
Even if an agreement is reached, the regulation must be finally adopted by the Parliament and the Council before it can enter into force, after a transition period that usually lasts from several months to several years. This means that no concrete changes in practice are expected in the short term.
Currently, the existing rules of the 2008 directive and national legislation continue to apply to migrants present on EU territory. Furthermore, the establishment of return centres outside the EU requires not only the final adoption of the regulation, but also concrete agreements with partner countries, which must respect international human rights standards, including the principle of non-refoulement.
However, the vote in Strasbourg gives a clear political signal to strengthen cooperation at the European level. The Commission and governments are expected to intensify readmission agreements and develop a common system for managing returns, with a greater role for the Frontex agency and the European Return Coordinator.
The most controversial issues remain the criteria for determining “safe third countries”, the maximum duration of detention and the independent monitoring mechanisms of future detention centres and facilities outside the EU. According to institutional analyses, some provisions could be challenged in the Court of Justice of the EU after adoption, which could lead to further revisions of the regulation.
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