The revised rules, based on the Commission proposal presented in March 2025, aim to simplify and speed up procedures, with full respect for fundamental rights and international law, while preventing abuses and unauthorised movements within the EU.
Under the deal, a return decision issued to a non-EU national staying illegally in a member state by the competent national authorities will come with the obligation to leave the relevant EU country immediately or within a given time.
Obligation to cooperate and detention
Non-EU nationals subject to a return decision will be required to cooperate with the authorities. For the purpose of preparing their return, third country nationals may be detained, based on an individual assessment, for example if they are not cooperating, present a risk of absconding or pose a security risk. Detention will have to be ordered by an administrative or judicial authority. The period of detention would be up to 24 months in a member state, with a six-month extension possible if circumstances change, new information appears, or cooperation with the relevant third country improves. If a third-country national moves to another member state and there are grounds for their detention, a new detention period may apply. Member states will also be able to require regular reporting or the obligation to reside in a designated place. Alternatives to detention, such as a financial guarantee or electronic monitoring, can also be imposed. Detention may be ordered for unaccompanied minors and families with children, as a measure of last resort and for the shortest appropriate period taking into account the best interests of the child.
Agreement with countries outside the EU to accept returnees
The new rules will also allow for the possibility of transfers, excluding unaccompanied minors, to a country that agrees to accept the person, based on an agreement concluded by an EU member state (so called return hubs). Such agreements may only be made with third countries that uphold human rights, international law and the principle of non-refoulement, and member states must inform the Commission and other member states before the agreements enter into application.
Enforcement of return decisions issued in another EU member state
Return decisions would be included in a “European return order” and be made available, through the Schengen information system, throughout the Schengen area. A member state may recognise and enforce a return decision issued by another member state based on the European return order or issue a new return decision. The Commission will assess within two years whether the system is working effectively and may propose new rules, including mandatory recognition of return decisions across the EU.
Entry into force and application
The regulation will enter into force after its publication. Several provisions, including on return hubs, age assessment of minors and external dimension of returns, will apply immediately. Other provisions that require preparatory steps would enter into application 12 months after entry into force.
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Rapporteur Malik Azmani (Renew, Netherlands) said: “After nearly two decades, the EU’s rules on returns were overdue for reform. Our goal was clear: an effective, fair and workable return system, ensuring a legally sound text. We took our responsibility and worked intensively for a compromise. We had excellent cooperation with the Commission and the Council. The last outstanding issue under discussion was the rules’ entry into force. For the Parliament, a swift entry into force was essential, and we fought hard to secure this. The most important is that Europe delivers a system that is both credible and workable in practice”
Press conference
A press conference with rapporteur Malik Azmani will take place on Tuesday, 2 June, from 10:00 to 10:30 in Anna Politkovskaya room (SPAAK 0A50) in the European Parliament in Brussels. Accredited media representatives may attend in person or participate remotely via Interactio. The press conference will be livestreamed and recorded through Parliament’s Multimedia Centre.
Next steps
The agreement needs to be formally adopted by Parliament and Council before it can enter into force.