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Proposal for a Regulation of the European Parliament and of the Council establishing a common system for the return of third-country nationals staying illegally in the Union

COD - Ordinary legislative procedure (ex-codecision procedure)2025/0059(COD)Committee: Civil Liberties, Justice and Home AffairsDG: [HOME] Migration and Home Affairs

Policy topics

Asylum & border controlEU competences on human rightsEU law enforcement cooperation in criminal matters

What this file does

Overview

The policy context concerns the legislative file 2025/0059(COD), titled ‘Common system for returning illegally staying third-country nationals’ (Return Directive). The procedure is ongoing and currently at the European Parliament’s first reading stage, awaiting a committee decision. The analysis is based on the consolidated summary of amendments (EP document LIBE-AM-781175_EN), which details the political divisions and substantive proposals within the Parliament. The proposed amendments reveal a fundamental divide over the future of EU return policy, centering on the balance between effective migration management and the protection of fundamental rights. The most contested aspects are the conditions for returning individuals to third countries, particularly under Article 17 of the proposal, and the level of procedural and substantive safeguards for minors and vulnerable persons.

Legislative timeline

The legislative procedure began with the referral to the European Parliament’s committee on 16 June 2025. A key milestone was reached on 30 October 2025, when the committee report was tabled. This was followed by the tabling of committee amendments on 1 December 2025. The most recent procedural events noted are from 9 March 2026, relating to the establishment of the common return system.

Institutional handling

The lead committee in the European Parliament is the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Within the European Commission, the responsible department is the Directorate-General for Migration and Home Affairs (HOME), under Commissioner Magnus Brunner. In the Council of the EU, the file is handled by the Justice and Home Affairs Council (JHA) configuration.

Stakeholder reactions

Stakeholder engagement with policymakers on this file has been substantial, with 112 documented meetings held with Members of the European Parliament. These involved 89 distinct organisations. The most active entities in this outreach were the Danish Refugee Council Brussels, the Permanent Representation of France to the EU, Frontex, the UNHCR, and the IOM.

Media coverage

Media reporting has touched on developments related to the returns policy. One article notes that Greece, along with Austria and four other EU countries, is pushing to create migrant return centers based in Africa in anticipation of a new EU repatriation rule. Another article, outlining the LIBE committee’s agenda, mentions that upcoming work includes a returns policy, with presentations planned by EU officials.

Institutional status

CommissionOngoing
ParliamentAwaiting Parliament's position in 1st reading
CouncilFirst reading

Official documents (19)

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