On Monday (1 June), the European Parliament and the Council of the EU reached a provisional agreement on a new regulation governing the return of non-EU nationals who are staying illegally in the bloc. The deal is designed to make the EU’s return procedures faster, more consistent, and more enforceable. It forms a key pillar of the EU Pact on Migration and Asylum.
At the heart of the new regulation is a simple but significant obligation: individuals with a return decision must cooperate with national authorities. This includes helping to confirm their identity and complying with procedures related to their departure. Those who fail to cooperate could face consequences such as reduced financial support or incentives linked to voluntary return schemes. In some countries, criminal sanctions may also apply if national law permits.
Authorities will also be granted clearer powers to detain individuals in specific circumstances, such as when there is a risk they may abscond, fail to cooperate, or pose a security concern. Detention would be subject to an individual assessment and would need to be authorised by a judicial or administrative authority. While detention periods could last for up to 24 months, with possible extensions in some cases, the regulation also encourages alternatives such as electronic monitoring or regular reporting obligations.
A further innovation is the introduction of a European Return Order (ERO): a standardised form that member states must complete when issuing a return decision, capturing the key information needed for other EU countries to act on it. For the time being, recognition of another country’s return decision remains voluntary, but the European Commission will review this within two years and may propose making it mandatory.
One of the most debated aspects of the agreement is the possibility of establishing so-called “return hubs” in countries outside the EU. These centres could be used either as final destinations for returned individuals or as temporary transfer points before people are sent back to their country of origin or another destination.
Member states may establish such hubs only on the basis of formal agreements with third countries, and only with nations that uphold international human rights standards and the principle of non-refoulement (the internationally recognised rule that nobody may be returned to a country where they face persecution or serious harm). Unaccompanied minors are explicitly excluded from any such arrangements. Member states must also notify the Commission and other EU countries before any such agreement takes effect.
For individuals deemed to pose a security risk, the regulation provides for stricter measures. Entry bans can exceed the usual ten-year maximum and may even be issued indefinitely in serious cases. Detention in prison facilities is also possible for this category.
The legislation still requires formal approval from both the European Parliament and EU member states. After legal checks and official adoption, most of the new rules are expected to begin applying within a year.
