This discussion paper stands against the immigration detention of minors, even used as a measure of last resort, and calls for implementing meaningful alternatives to detention during return procedures. It also recommends mandating the collection of data on this matter.

This EMN study aims at analysing the impact of EU rules on return policies and practices of Member States (including Belgium), and hence on the effectiveness of return decisions issued across the EU.

The study generates a checklist which aims to assist Member States in developing their processes for considering the return of children informed by national good practices.

The Court of Justice of the European Union (CJEU) has ruled on how maximum detention periods should be calculated for third-country nationals subject to return procedures. It confirmed that all periods of detention related to the same return decision must be aggregated, even if separated by periods of liberty. The Court also clarified that exceeding the initial six-month detention limit requires judicial review, which must be conducted as soon as possible after an extension decision.

The European Commission’s proposed Return Regulation introduces measures to increase return rates across the EU. These include extended detention periods, returns to non-EU countries with no prior personal ties, offshore “return hubs”, and obligations for individuals subject to return orders. Over 200 civil society organisations have raised concerns about fundamental rights, legal uncertainty, and disproportionate impacts. They call on EU institutions to withdraw the proposal and reject it in its current form.

During the European Council on 17 October 2024, EU leaders adopted conclusions, among other things, on migration. They called, inter alia, for determined action to facilitate, increase, and speed up returns from the EU. They invited the European Commission to submit a new legislative proposal, as a matter of urgency.

In its judgment in Case C-143/22 | ADDE and Others, the Court of Justice of the European Union ruled today that the Return Directive applies to any third-country national who has entered the territory of a Member State without fulfilling the conditions of entry, stay or residence. That also applies when the person concerned has entered that territory even before crossing a border crossing point where such checks are carried out.