Publication date: 18 November 2022

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.

Publication date: 08 August 2018

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.

Publication date: 11 December 2014

This Inform summarizes the main findings of the corresponding EMN study aimed at analyzing Member States’ use of entry bans and readmission agreements as the EU main policy measures to implement effective return policies

Publication date: 11 December 2014

This focused study presents an analysis of (Member) States’ use of entry bans and readmission agreements and also identify good practices in this field, including possible synergies in the implementation of return and reintegration measures.

Publication date: 02 July 2014

The Belgian Federal Migration Centre published today a report on the Belgian return policy after the transposition of the EU-Return Directive.

Publication date: 19 November 2013

This EMN Inform provides an overview of current aspects of return in EU Schengen Member States and Norway, including statistics.
Main theme: Return & Readmission
Publication Type: Informs
Keywords: forced return, return directive, voluntary return

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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.

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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.

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On 5 November, the LIBE Committee questioned Magnus Brunner, the Austrian candidate for the Internal Affairs and Migration portfolio. Brunner committed to speeding up the implementation of some elements of the New Pact on Migration and Asylum and showed himself open to considering new ideas to complement it. He also announced that he would table a new Return Directive and strengthen legal pathways to attract the skills that EU labour markets need. 

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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.

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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.

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In his State of the Union, President Jean-Claude Juncker presented proposals to ensure full EU solidarity on migration and better protection of Europe's external borders. The Commission is proposing to reinforce the European Border and Coast Guard and the EU's Agency for Asylum and is proposing a targeted review of the Return Directive.

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The REDIAL conference proposes for discussion some of the most contentious issues in the implementation of the Return Directive.
Main theme: Return & Readmission
Keywords: return directive

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This conference will allow the general public to learn and discuss the findings of the CONTENTION project which examines the different dimensions of the lawfulness of detention with differing practices and differing forms of implementation at national and European level.

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In a Communication adopted today, the Commission stresses that Member States have generally ensured that the Return Directive is transposed in their national law but that there is scope for improvement in the practical implementation of the Directive and of return policies in general.
Main theme: Return & Readmission
Keywords: return directive

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During this morning session, ADDE proposes to highlight and discuss applicable rules, recent case law and practices in the field of removal and return of foreigners.
Main theme: Return & Readmission
Keywords: return directive

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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.