FRA’s Opinion on the revisions to the EU Return Directive examines the fundamental rights implications of the proposed changes to the directive.
It shows how respect for fundamental rights is in the interest of the national authorities and avoids rights violations during return procedures. Violations can lead to challenges thatcan undermine the effectiveness and credibility of the EU’s return policy.
Based on the proposed changes, key FRA suggestions for improvement include:
The EU’s Return Directive was adopted in 2008. It provides Member States with common standards and procedures for non-EU nationals who do not fulfil the conditions for entry, stay or residence in a Member State.
The European Commission proposes revising the Directive to overcome the difficulties Member States face in returns and to increase the effectiveness of EU return policies.
In light of this, the European Parliament asked FRA for this Opinion, which will feed its position on the proposal.
It also complements an earlier FRA Opinion on the enhanced role of the European Border and Coast Guard Agency from November 2018 which also partly covers return matters.
FRA issues Opinions on specific thematic topics, following requests for advice from the European Parliament, the EU Council or the European Commission.
These legal Opinions are part of the agency's fundamental rights assistance and expertise that it provides to EU institutions and Member States.