EU Reaches Agreement on New Repatriation Regulation, Strengthening Migration Control
The European Parliament and the Council of the EU have recently reached a political agreement on the text of the new Repatriation Regulation. This new rule aims to unify and accelerate the return procedures for individuals not eligible to stay, increasing the effectiveness of returns. It is the final piece of the EU’s comprehensive reform of its migration and asylum policy. Although a few countries, including Spain, have expressed reservations, the agreement has garnered broad support at the EU level and is expected to be formally approved without issues.
Expediting Returns: Core Objectives and Implementation Timeline of the New Rules
The core objective of the new Repatriation Regulation is to “speed up return procedures and increase the number of returns of those without a legal right to stay in the EU.” According to the agreement, the regulation will enter into force the day after its publication in the Official Journal of the European Union. Member states will have up to 12 months to implement the more complex technical and training provisions, but some key measures, such as establishing repatriation centers, can be initiated immediately.
This regulation is the final piece of the puzzle for the Pact on Migration and Asylum, which the EU negotiated for over a decade and is set to officially enter into force on June 12. Previously, the EU had already adopted its first list of “safe countries of origin” and revised the concept of “safe third countries,” paving the way for some of the new measures. Data shows that the EU’s return rate has been less than ideal in recent years. In the latest year with available statistics, despite issuing 491,950 return orders to third-country nationals, only 135,460 were successfully returned, representing a rate of about 28%.
Points of Controversy: Offshore “Repatriation Hubs” and Family Accommodation
One of the most controversial aspects of the new rules is the authorization for member states to establish “Repatriation Hubs” outside the EU. The regulation allows willing member states (such as Italy, Germany, Denmark, the Netherlands, etc.) to negotiate with non-EU countries to create centers for housing individuals whose residency applications have been rejected. Notably, the people sent to these centers may have no connection to that third country.
At the push of the European Parliament, the final text also includes a stricter provision: allowing families with minor children to be sent to these repatriation centers as well. This provision was not in the European Commission’s initial proposal and has drawn widespread criticism from human rights organizations.
Strict Enforcement Measures and Penalties
To ensure the execution of returns, the new regulation significantly tightens the relevant rules. Firstly, illnesses requiring ongoing medical care or family ties will no longer be considered automatic grounds for postponing a return, suggesting that mandatory and swift returns will become the norm.
Secondly, the new rules set severe penalties for individuals who do not cooperate with repatriation or are at risk of absconding. Violators can be detained for up to 30 months. For individuals deemed a threat to public security, the penalties will be even harsher, potentially including a lifetime ban from entering the EU.
Furthermore, the new rules will introduce a standardized “European Return Order” (ORE) form to facilitate mutual recognition of return decisions between member states (which is currently voluntary). At the same time, the regulation also clarifies that for countries of origin that refuse to cooperate in readmitting their own citizens, the EU may take countermeasures such as visa restrictions, reassessing development aid, or even adjusting trade relations.
Human Rights Concerns and Member State Positions
The new rules’ stringent measures have sparked concerns among human rights advocates. The Council of Europe’s Commissioner for Human Rights, Michael O’Flaherty, had warned that any law allowing for the establishment of offshore repatriation centers must include “clear and effective human rights safeguards,” and specifically emphasized that unaccompanied minors and children with their families should be excluded. However, a subsequent joint statement from the governments of the Council of Europe’s member states confirmed the right of countries to adopt “new approaches” and listed the establishment of offshore centers as a legitimate option.
Although a mainstream consensus has formed within the EU on tightening immigration policy, a minority of countries, represented by Spain, still hold different positions on some of the stricter measures, reflecting the ongoing divisions among member states on the issue of migration.
