The European Parliament supported new migration rules: migrants can be detained for up to 24 months before return
The European Parliament voted for new migration rules that allow EU countries to transfer migrants who have been denied asylum to special centers in third countries, the European Parliament press service reported.
The new provisions aim to speed up and simplify return procedures while respecting fundamental human rights and international law, including the principle of non-refoulement and the prohibition of collective expulsion. At the same time, the document is intended to prevent abuses and unauthorized movement within the EU.
An informal agreement reached on June 1 between the European Parliament and the Council of the EU was supported at the plenary session with 418 votes in favor, 218 against, and 30 abstentions.
Decision on return and obligation to leave the country
According to the new rules, a return decision made by national authorities regarding third-country nationals illegally staying in an EU state will be accompanied by an obligation to immediately or within a specified period leave the territory of the respective country.
Obligations of migrants and possible detention
Persons subject to a return decision will be required to cooperate with authorities. If necessary, they may be detained to prepare for return—particularly if there is a risk of escape, lack of cooperation, or a security threat.
Detention will be ordered by an administrative or judicial authority and may last up to 24 months. In case of changed circumstances or new information, the period may be extended by up to six months. If a person moves to another EU country, a new detention period may apply.
Member states will also be able to introduce regular reporting, an obligation to reside at a specified address, or alternative measures instead of detention—such as a financial guarantee or electronic monitoring.
Investigative measures to ensure return
National authorities may apply special investigative actions to ensure return procedures. These may include searches of residences or other premises of third-country nationals with a court or administrative warrant, as well as seizure of personal belongings and electronic devices.
All measures must comply with fundamental rights protection standards and provide appropriate legal safeguards.
Agreements with third countries regarding return centers
The document provides for the possibility of transferring persons subject to a return decision (except unaccompanied minors) to so-called "return centers" in third countries.
Such agreements may only be concluded with states that respect international law, human rights, and the principle of non-refoulement. Before entering into force, the European Commission and other EU countries must be notified.
Rapporteur's position
Rapporteur Malik Azmani (Renew, Netherlands) stated that Europe has taken an important step in regulating migration policy. According to him, the return system is the final element of EU migration policy and should now work more effectively after a long period without changes.
Next steps
After the European Parliament's support, the document must be formally approved by the Council of the EU and published in the Official Journal of the EU.
Some provisions, including those regarding return centers, age assessment of minors, and external dimension of return, may begin to apply immediately. Other rules requiring preparation will come into force 12 months after the official entry into force of the law.
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