Return and readmission are essential elements of a comprehensive approach to migration. A firm and fair return policy is crucial for ensuring that the EU countries are effective in returning third-country nationals with no right to stay in the EU and can take care of those in need of protection. This strengthens citizens’ trust in the EU’s capacity to manage migration. Moreover, a functional Schengen area without internal border controls also requires a well-functioning return and readmission policy and implementation.
The EU’s return and readmission policy is implemented within the framework of the EU Charter of Fundamental Rights. Procedures and operations respect the principle of non-refoulement, right to access to asylum and prohibition of collective expulsion. Return decisions are always based on individual assessments and are subject to judicial remedy. There are specific procedural safeguards for vulnerable people, including minors.
The Return Directive
The Return Directive, the current applicable legal framework, lays down common standards and procedures for the return of non-EU nationals who are staying in the EU irregularly. Common EU rules on return provide for clear, transparent and fair treatment of irregularly staying migrants, while fully respecting the human rights and fundamental freedoms of the persons concerned. The Directive has been transposed into national law by all EU countries, except for Ireland, including the four Schengen associated countries: Switzerland, Norway, Iceland and Liechtenstein.
The key features of the Return Directive include:
- The requirement for a fair and transparent procedure for return decisions;
- The principle of encouraging voluntary departure;
- A minimum set of basic rights for irregularly staying migrants pending their removal, including access to basic health care and education for children;
- Ensuring that coercive measures in connection to removal are not excessive or disproportionate;
- An entry ban valid throughout the EU for migrants returned by an EU country;
The Return Border Procedure
Applicants in the asylum border procedure whose asylum claims are rejected, are transferred to the return border procedure for a maximum of 12 weeks.
The Pact legislation foresees that negative asylum decisions should be issued together with a return decision, and that appeals should be handled within the same time limits. Therefore, as soon as a person gets a negative decision in the asylum border procedure, they will also get a return decision and be transferred directly to the return part of the border procedure. This will ensure a seamless link between both the asylum and return process. There will be continuity between the authorities involved in the process, helping to avoid situations where the person absconds or enters another territory.
In the border procedure, practical arrangements will need to be put in place to ensure that people are returned swiftly. This includes setting up efficient return counselling structures, measures to restrict movement as needed (alternatives to detention) and practical arrangements to ensure that travel documents can be obtained from the relevant third country of return.
The return rate
Every year, over 400,000 foreign nationals without the right to stay in the EU are ordered to leave. However, only around 20% of them are effectively returned.
Returns of irregular migrants - quarterly statistics - Statistics Explained
The Commission together with the European Border and Coast Guard Agency (EBCGA) Frontex and Member States focus on ensuring the establishment of a common EU system for returns that combines strong internal structures with effective cooperation with third countries on return, readmission and reintegration. In this regard, the EU is taking significant steps towards establishing comprehensive and coherent systems at legal, policy and operational level.
Legal, policy and operational steps
A new common approach on returns
To address these issues at the legal level, the European Commission proposed a new Common approach on returns, on 11 March 2025. The proposed rules include:
- A truly European system in the form of a Regulation with common procedures for the issuance of return decisions and a European Return Order to be issued by Member States.
- Mutual recognition of return decisions, with a Member State recognising and directly enforcing a return decision issued by another Member State without having to start a new process.
- Clear rules on forced return, targeting those staying illegally in the EU and who refuse to cooperate, abscond to another Member State, do not leave the EU by the given deadline for voluntary return or pose a security risk, which will also incentivise voluntary return.
- Explicit obligationsto cooperate with national authorities throughout the entire return procedure, complemented by clear consequences in case of non-cooperation,and balanced against clear safeguards.
- Strong safeguards throughout the entire return process, in full respect of fundamental and international human rights standards, and ensured through clear procedures such as the right to appeal, support for vulnerable persons, strong safeguards for minors and families and the adherence to the principle of non-refoulement.
- Stricter rules to limit abuse and manage absconding allowing Member States to locate returnees, to request a financial guarantee, to request regular reporting or to order a returnee to reside in a place designated by national authorities.
- Specific rules for people posing security risks, including mandatory forced return, longer entry bans, and separate detention grounds. Detention may be extended beyond the normal 24 months on order of a judge.
- Readmission as part of the return process, closing the gap between a return decision and the actual return to a third country, the new rules establish a common procedure to ensure that a return decision is systematically followed up with a readmission request and regulate data transfers to third countries for the purpose of readmission.
- Return hubs: The proposal introduces the legal possibility to return individuals with no right to stay in the EU and who have received a final return decision, to a third country based on an agreement or arrangement for return. Such an agreement or arrangement can be concluded with a third country that respects international human rights standards and principles in accordance with international law, including the principle of non-refoulement. Families with minors and unaccompanied minors are excluded and the implementation of such agreements or arrangements must be subject to independent monitoring.
On 16 May 2025, the Commission published the Analytical Supporting Document accompanying the regulation. This Staff Working Document (SWD) provides detailed information on the context, problem definition, objectives, alternatives considered, as well as the rationale regarding the identified way forward. The SWD gives a more comprehensive picture of the background and reasoning for the proposal.
Through the EU strategy on voluntary return and reintegration, the Commission emphasised the importance of voluntary returns and reintegration and gave guidance to Member States on how to facilitate voluntary return and reintegration of irregular migrants in the country of origin, providing financial support, including under the Asylum, Migration and Integration Fund.
The Strategy recognises voluntary return and reintegration as an integral part of a common EU system for returns, a key objective under the New Pact on Migration and Asylum. It sets out practical measures to strengthen the legal and operational framework for voluntary returns from Europe and from transit countries, improve the quality of return and reintegration programmes, establish better links with development initiatives and strengthen cooperation with partner countries.
The strategy furthermore gave a EU dimension to voluntary return and reintegration through the establishment of the coherent and EU-level reintegration programme: Frontex EU Reintegration Program (EURP) via which Member States can support the reintegration of returnees in their country of return as well as the launch of the Reintegration Assistance Tool (RIAT) through which Frontex and the Member States can operationally ensure the implementation of reintegration programmes.
Furthermore, through the Commission Recommendation on mutual recognition of return decisions and expediting returns when implementing Directive 2008/115/EC of the European Parliament and of the Council the Commission re-launched the work on mutual recognition of return decisions, promoted the importance of return counselling and provided guidance on the establishment of effective alternatives to detention.
Cooperation with Frontex and the Member States
Establishing a common and effective EU system for returns is a shared responsibility which requires very close operational coordination and cooperation among EU countries, institutions and agencies. The Commission, Frontex and the Member States regularly meet to discuss how to ensure seamless coordination and enhance cooperation. Cooperating under the common return framework results in better planning, resourcing and infrastructure for return and readmission operations at EU level.
The EU Return Coordinator
In May 2022, as part of the Pact on Migration and Asylum, the Commission appointed a Return Coordinator, whose main task is to bring together the strands of EU return policy and facilitate a seamless and interlinked implementation of the return process.
The Return Coordinator, supported by the High-Level Network for Return and assisted by Frontex and other EU agencies focuses on providing practical and operational support to Member States. Guided by an operational strategy for more effective returns, the Return Coordinator and the High-Level Network also support Member States in operationalising and embedding returns in wider national strategies.
The EMN-Return Expert Group exchanges
The Expert Group functions as a platform for practical cooperation and the sharing of good practice and expertise on return. The EMN REG provides a structure for planning, follow-up and monitoring of return activities in the EU. The EMN REG connects key stakeholders from EU countries, and representatives of EU funded programmes and when appropriate, civil society.
Frontex
The European Border and Coast Guard Agency (FRONTEX) plays a key role in operational cooperation in cases of return. Frontex provides EU countries with operational and technical support in all stages of the return process (pre-return, return, post-return) including, assistance for joint return operations, the acquisition of travel documents and support for voluntary return and reintegration assistance to returnees.
Cooperation with non-EU countries on readmission of irregular migrants
Effective cooperation with non-EU countries on readmission is necessary to ensure the success of the common EU system for return. The EU has concluded 18 readmission agreements and 6 non-binding readmission arrangements, to set out clear obligations and procedures for the authorities of the non-EU country and of EU Member States as to when and how to readmit people who are irregularly residing on their respective territories. Obligations to readmit own nationals are also part of other international instruments, including Partnership and Cooperation Agreements (PCA) and the Samoa Agreement with 77 African, Caribbean and Pacific countries.
The Commission regularly monitors cooperation in the framework of the existing bilateral and multilateral readmission instruments and through the annual assessment on readmission cooperation under Article 25a of the Visa Code, which links readmission cooperation and visa policy. The aim of the assessment is to improve readmission cooperation by intensifying dialogue with partner countries. On the basis of the assessment, the Commission can propose visa measures to foster readmission cooperation. The assessment of readmission cooperation supports the wider efforts to put in place effective and comprehensive migration management in the EU under the Pact on Migration and Asylum and to strengthen the external dimension of migration policy.
In addition to these agreements, legally non-binding readmission arrangements have also been concluded with Afghanistan, Guinea, Bangladesh, Ethiopia, The Gambia, Ivory Coast.
Documents
- Commission Recommendation on mutual recognition of return decisions and expediting returns when implementing Directive 2008/115/EC of the European Parliament and of the Council
- EU strategy on voluntary return and reintegration
- Commission staff working document: EU framework on return counselling and the Reintegration Assistance Tool
- Commission Recommendation establishing a common “Return Handbook” to be used by Member States’ competent authorities when carrying out return related tasks
- Common EU rules on return (Return Directive)