Publication date: 05 September 2023

The Swedish government has established a committee to review aspects of Swedish legislation concerning the return procedures for third-country nationals. The committee's goal is to propose new measures and revisions to existing laws to enhance the effectiveness of the return process. Consequently, they initiated an ad hoc query to gather information about the regulations related to the limited validity period of return decisions and the duration of entry bans.
Main theme: Return & Readmission
Publication Type: Ad Hoc Queries
Keywords: return decision, entry ban

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In a recent judgment, the Court of Justice of the European Union found that an administrative authority which rejects an application for a residence permit based on national law and, consequently, finds that the third-country national concerned is staying illegally on the territory of the Member State in question, must ensure compliance with the principle of non-refoulement, by reviewing, in the light of that principle, the return decision previously adopted against that national in the context of a procedure for international protection. 

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Today, the Commission adopted a Communication that presents the strategic framework for European integrated border management (EIBM) for 5 years and a Recommendation to Member States on the mutual recognition of return decisions and expediting returns.

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The new Belgian Law of January 19, 2012 (published on 17 February 2012) transposes the EU Return Directive, modifying the current legal framework on removal and detention, and putting more emphasis on voluntary departure.