On 17 June 2026, the European Parliament adopted its legislative resolution on the proposed regulation establishing a common system for the return of third-country nationals staying illegally in the Union, introducing significant amendments that rebalance the original proposal toward stronger procedural safeguards and human rights protections while tightening obligations on returnees. The resolution, based on the work of the Committee on Civil Liberties, Justice and Home Affairs, represents Parliament's position ahead of negotiations with the Council.
The adopted text consolidates amendments to the Commission's proposal for a recast of the current Return Directive (2008/115/EC) and the repeal of related instruments. Key changes include strengthened non-refoulement verification, requiring authorities to conduct individual assessments before removal and allowing returnees to submit evidence prior to removal. The best interests of the child are elevated to a primary consideration throughout the regulation, with reinforced provisions for unaccompanied minors, including mandatory appointment of a representative. Age assessments are explicitly linked to the Asylum Procedures Regulation (2024/1348) to ensure consistency.
On enforcement, Parliament introduced a detailed, rebuttable presumption of a risk of absconding based on specific criteria such as unauthorized entry or failure to comply with a return decision, providing authorities with clearer grounds for detention or expedited procedures. The maximum voluntary departure period is capped at 30 days, and the obligation to cooperate with authorities at all stages of the return procedure is now explicit. Grounds for mandatory removal are expanded to include non-compliance with the obligation to leave and non-cooperation, while postponement of removal is explicitly linked to non-refoulement and suspension of a return decision.
The amendments create a more legally robust framework that balances effectiveness with fundamental rights. For returnees, procedural guarantees are strengthened, particularly regarding non-refoulement checks and children's rights, but the new risk-of-absconding definition and cooperation obligation create a stricter legal environment that could lead to more detention and faster removal for non-compliant individuals. For member states, national authorities gain clearer legal tools to enforce returns, but face a higher procedural burden, including thorough non-refoulement checks at the removal stage and prioritization of the child's best interests. The link to asylum procedures for age assessments creates a more integrated but potentially more complex administrative process. The regulation now moves to trilogue negotiations with the Council, where member states are expected to push back on some of the more stringent procedural requirements.