Publication date: 17 January 2019

The recast Return Directive and its fundamental rights implications

Adoption Date:
10 January 2019
Opinion Number:
1/2019
Requested By:
European Parliament

This Opinion by FRA aims to inform the European Parliament’s position on the legislative proposal for a recast Directive on common standards and procedures in Member States for returning illegally staying third country nationals (Return Directive), presented by the European Commission on 12 September 2018.

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Publication date: 11 January 2019

The recast Return Directive and its fundamental rights implications - Opinion of the European Union Agency for Fundamental Rights (1017.65 KB)

Overview

This FRA Opinion comprises 17 individual opinions that relate to various fundamental rights enshrined in the Charter “addressed to the Member States […] when they are implementing Union law” or “when they act in the scope of EU law.” 

This Opinion is structured as follows:

  • Chapter 1 - Selected horizontal fundamental rights implications of the proposed changes, including the role of voluntary departure as opposed to forced return.
  • Chapter 2 - Specific fundamental rights challenges arising from the proposal under the individual stages of the return procedure.
  • Chapter 3 - Changes to the system of remedies.
  • Chapter 4 - Impact of the proposal in the field of pre-removal detention.
  • Chapter 5 - Impact of selected parts of the proposal in the field of protection of personal data, without prejudice to a possible dedicated opinion delivered by the European Data Protection Supervisor.
  • Chapter 6- Main fundamental rights concerns arising from the proposed introduction of a border procedure.

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