After a long and exhausting debate, the European Parliament and the European Council have reached agreement on the most important immigration reform introduced within the last few years, namely, the establishment of a new Common European System for Returns. Having been initiated by the European Commission in March 2025, the regulation represents an essential part of the EU’s comprehensive approach to managing migration and is in line with the Pact on Migration and Asylum. When adopted and published in the Official Journal of the European Union, it is expected to repeal the existing Return Directive dating back to 2008.
Need for reform
Over the years, there has been one major concern regarding the functioning of the EU’s migration system. Namely, the percentage of persons returned under the decision by authorities remains rather low despite a high number of return decisions made each year. Despite an increase in the rate of returns of EU citizens to 28% in 2025, about 2/3 of such people failed to comply with the decision. As pointed out by the European Commission, it creates problems for the integrity of the European migration system.
A truly European return procedure
Among the most important features is the development of a uniform procedure applicable across all EU countries instead of the existing 27 different systems. With the introduction of a European Return Order, a harmonized procedure concerning the issuance of return decisions will be developed. In place of a number of conflicting practices, EU member states will be united by an efficient common approach which would allow minimizing possible abuses.
Mutual recognition of return decisions
At present, a return decision made in one EU member state is not binding for other EU member states and therefore does not need to be enforced. This results in some persons being able to circumvent enforcement by traveling to other EU member states and just disappear in the EU. The draft of the new regulation introduces mutual recognition of return decisions between the EU member states, thus closing this loophole.
Strict conditions for non-cooperation
This regulation will make stricter conditions for persons who will not cooperate or attempt to avoid repatriation. They have to:
- provide financial guarantees;
- report to authorities;
- reside at the designated address;
- comply with other actions that are aimed to prevent runaways.
In case when a person poses a danger to the national security, does not cooperate, or refuses to leave the country by themselves in the specified time period, the authorities will be obliged to implement forced expulsion or deportation. Nevertheless, the regulation will encourage voluntary repatriation through broadening integration and assistance programs.
Simplified return procedures for security threats
There will be a special provision for those who pose a danger to the public safety and security. The idea is to detect such persons quickly and repatriate them fast in order to prevent them from staying in any EU member state without any right to do so.
The introduction of return hubs
Perhaps the most debated element of the new regulation is the possibility of establishing so-called “return hubs” in third countries. Under the new rules, individuals who have received a return decision and have no legal right to remain in any EU member state may be transferred to facilities located in partner countries outside the EU. Such arrangements can only be established with countries that respect international human rights obligations. Any cooperation must comply with international law, including the principle of non-refoulement, which prohibits returning individuals to places where they may face persecution, torture, or inhuman treatment.
The European Commission has repeatedly emphasised that all return procedures must be carried out in full respect of fundamental rights. The regulation therefore will contain safeguards throughout the return process, including judicial remedies, procedural protections, and compliance with international human rights obligations.
What happens next?
The agreement made by the European Parliament and the Council on the political level is a significant accomplishment; however, it doesn’t mark the end of the entire legislative procedure. In fact, the regulation needs to be officially adopted and promulgated into force in the Official Journal of the EU. With this step taken, the regulation will come into force and replace the Return Directive of 2008.