Return and readmission are essential elements of a comprehensive approach to migration. A firm and fair return policy is crucial for ensuring that EU Member States are effective in returning non-EU nationals with no right to stay in the EU, as well as for disincentivising illegal arrivals.
The EU’s return and readmission policy is implemented within the framework of the EU Charter of Fundamental Rights. Procedures and operations respect the principle of non-refoulement, right to access asylum, and prohibition of collective expulsion. Return decisions are always based on individual assessments and are subject to judicial remedy. There are specific procedural safeguards for vulnerable people, including minors.
Regulation establishing a new Common European System for Returns
The Regulation establishing a Common European System for Returns builds on the Return Directive, which will be repealed. It complements the reforms brought by the Pact on Migration and Asylum, ensuring a comprehensive EU approach to managing migration, further reducing illegal arrivals and increasing the effective returns of migrants with no legal right to stay in the EU.
The new rules, which were agreed by the co-legislators in June 2026, include:
- A truly European system in the form of a Regulation, establishing a coherent and coordinated EU approach towards return and a system with interlinked elements, with common procedures for the issuance of return decisions and a European Return Order, ending the current fragmentation at EU level.
- Strong safeguards throughout the entire return process: All measures related to return must be carried out in full respect of fundamental and international human rights standards.
- Readmission: The Regulation makes readmission an integral part of the return process and is facilitating data transfers with third countries to support readmission.
- Mutual Recognition of return decisions, with Member States being able to recognise and directly enforce a return decision issued by another Member State.
- Stronger rules on forced return, which becomes mandatory when an illegally staying person fails to cooperate, absconds to another Member State, does not voluntarily leave the EU by a mandated deadline or poses a security risk. At the same time, the Regulation encourages voluntary return and strengthens coherence of return and reintegration assistance.
- Stricter rules against absconding, including the possibility to require returnees to provide financial guarantees, report regularly or reside at a designated place.
- The Regulation also introduces the possibility to set up return hubs in third countries, where people with no legal right to stay in the EU and subject to a return decision can be returned. For this, agreements or arrangements can be concluded with a third country that respects international human rights standards and principles in accordance with international law, including the principle of non-refoulement.
Return under the Border Procedure
One of the major innovations of the Pact on Migration and Asylum is the creation of the mandatory border procedure. This procedure applies to those unlikely to receive international protection, who mislead authorities, or pose a security threat. These applicants remain at the border area while their applications are processed. Applicants in the asylum border procedure whose asylum claims are rejected, are transferred to the return border procedure for a maximum of 12 weeks.
Negative asylum decisions should be issued together with a return decision, and appeals should be handled within the same time limits. Therefore, as soon as a person gets a negative decision in the asylum border procedure, they will also get a return decision and be transferred directly to the return part of the border procedure. This helps ensure a seamless link between both the asylum and return process, as well as continuity between the authorities involved in the process, while also preventing situations where the person absconds or enters the territory. Since applications for international protection are processed more quickly and more efficiently, returns need to promptly follow decisions to reject applications.
In the border procedure, practical arrangements are put in place to ensure that people are returned swiftly. This includes setting up efficient return counselling structures, proportionate and effective measures to restrict movement (alternatives to detention or detention) to ensure that persons stay in the border area, and practical arrangements to ensure that travel documents can be obtained from third countries of return.
Returns under the return border procedure will also benefit from the enhanced new rules stemming from the Regulation establishing a new Common European System for Returns.
Voluntary return and reintegration
The EU strategy on voluntary return and reintegration highlights the importance of voluntary returns and reintegration and provides Member States with guidance to facilitate voluntary return and reintegration of migrants with no legal right to stay in the EU in the country of origin, providing financial support, including under the Asylum, Migration and Integration Fund.
The Strategy recognises voluntary return and reintegration as an integral part of a common EU system for returns, a key objective under the Pact on Migration and Asylum. It sets out practical measures to strengthen the legal and operational framework for voluntary returns from Europe and from transit countries, improve the quality of return and reintegration programmes, establish better links with development initiatives and strengthen cooperation with partner countries.
The Strategy also establishes the Frontex EU Reintegration Program (EURP), a programme allowing Member States to further support the reintegration of returnees in their country of return. It also introduces the Reintegration Assistance Tool (RIAT), supporting Frontex and EU Member States with the implementation of reintegration programmes.
Cooperation with Frontex and the Member States
Establishing a common and effective EU system for returns is a shared responsibility which requires very close operational coordination and cooperation among EU Member States, EU Institutions and Agencies. The Commission, Frontex and the Member States regularly meet to discuss how to ensure seamless coordination and enhance cooperation. Cooperating under the common return framework results in better planning, resourcing and infrastructure for return and readmission operations at EU level.
The EU Return Coordinator
The European Commission has appointed a Return Coordinator, whose main task is to bring together the different strands of EU return policy and facilitate a seamless and interlinked implementation of the return process.
Supported by the High-Level Network for Return and assisted by Frontex and other EU agencies, the Return Coordinator focuses on providing practical and operational support to Member States. Guided by an operational strategy for more effective returns, the Return Coordinator and the High-Level Network also support Member States in operationalising and embedding returns in wider national strategies.
The EMN-Return Expert Group exchanges
The Expert Group functions as a platform for practical cooperation and knowledge-sharing on return. The EMN Return Expert Group provides a structure for planning, follow-up and monitoring of return activities in the EU. It connects key stakeholders from EU countries, and representatives of EU funded programmes and, when necessary, civil society.
Frontex
The European Border and Coast Guard Agency (FRONTEX) plays a key role in operational cooperation in cases of return. Frontex provides EU countries with operational and technical support in all stages of the return process (pre-return, return, post-return) including, assistance for joint return operations, the acquisition of travel documents, and support for voluntary return and reintegration assistance to returnees.
Cooperation with non-EU countries on readmission of irregular migrants
Effective cooperation with non-EU countries on readmission is necessary to ensure the success of the common EU system for return. The EU has concluded 18 readmission agreements and 6 non-binding readmission arrangements, to set out clear obligations and procedures for the authorities of the non-EU country and of EU Member States as to when and how to readmit people who are irregularly residing on their respective territories. Obligations to readmit own nationals are also part of other international instruments, including Partnership and Cooperation Agreements (PCA) and the Samoa Agreement with 77 African, Caribbean and Pacific countries.
Readmission is a central focus of the European Asylum and Migration Management Strategy, which sets out how to promote comprehensive and mutually beneficial partnerships, using incentives and leverage across sectors and policy areas, such as visa policy, trade and financial support.
The Commission regularly monitors cooperation in the framework of the existing bilateral and multilateral readmission instruments and through the annual assessment on readmission cooperation under Article 25a of the Visa Code, which links readmission cooperation and visa policy. The aim of the assessment is to improve readmission cooperation by intensifying dialogue with partner countries. On the basis of the assessment, the Commission can propose visa measures to foster readmission cooperation.
In addition to these agreements, legally non-binding readmission arrangements have also been concluded with Afghanistan, Guinea, Bangladesh, Ethiopia, The Gambia, Ivory Coast.
Documents
- Return border procedure
- EU strategy on voluntary return and reintegration
- Commission staff working document: EU framework on return counselling and the Reintegration Assistance Tool
- Commission Recommendation establishing a common “Return Handbook” to be used by Member States’ competent authorities when carrying out return related tasks
- Common EU rules on return (Return Directive)
- 2025 Analytical Supporting Document