photo: Mindaugas Kulbis/AP
The agreement on the “Return Regulation” was reached on Monday, June 1, after negotiations between representatives of EU countries and the European Parliament. According to European officials, the document should speed up the expulsion of foreigners who have no legal right to stay on the territory of the union, Euronews reported.
According to official EU data, currently only 29% of migrants, who have been ordered to leave the territory of the bloc, actually return to their countries of origin.
“This is a very important step to make sure that we control what happens in the EU – who comes and who has to leave the Union,” European Commissioner for Home Affairs Magnus Brunner said after the talks ended.
EU to set up ‘centers of return’
One of the key innovations will be the possibility of creating so-called return centers in non-EU countries. For this purpose, member states will be able to conclude relevant agreements with third countries.
The new system significantly changes the current rules. Now, most migrants can only be returned to their country of origin or a state with which they have a proven connection. The new law removes that restriction. The only exception is for unaccompanied minors.
Searches of migrants will be legalized
The document also expands the powers of national authorities. EU countries will be able to conduct searches in places of residence of illegal migrants and other premises related to their stay. Human rights organizations warn that the wording of the law is quite broad and may lead to an expansive interpretation of the powers of law enforcement agencies.
Other measures include an increase in the maximum period of detention of migrants from six months to two years, tougher bans on re-entry into the EU and new tools to search for persons subject to deportation.
In most cases, the entry ban will be increased from five to ten years. For those deemed a security risk by the authorities, the restrictions could be indefinite.
The law also changes the procedure for appealing deportation decisions. While an appeal now automatically suspends deportation proceedings, once the new rules come into force, the issue of suspension will be decided by the courts on a case-by-case basis.
The law is directed against illegal immigrants
Politicians supporting the reform call it a necessary response to the problem of illegal migration. However, human rights organizations and representatives of the political left believe that the document undermines the fundamental rights of migrants.
Greens/EFA MEP Melissa Camara said that the adopted text was “the result of a shameful agreement” and represents “a legal arsenal that serves xenophobic ideology,” the source said.
For her part, Silvia Carta, a representative of the PICUM network of organizations, warned that the new rules would create a “draconian system of detention and deportation” that could lead to prolonged detention and the separation of families.
According to Euronews, it was the timing of the law’s entry into force that became one of the most contentious issues in the negotiations. As a result, the parties agreed that some of the provisions would come into effect 12 months after the regulations come into force.
The document must now receive final approval from the European Parliament and EU member states. Once these procedures are finalized, the new rules could come into force as early as next month.
