The European Commission first proposed the Return Regulation in March 2025, aiming to establish a common system for returning non-EU nationals staying illegally in the EU. The proposal raised concerns among civil society actors, particularly regarding the detection measures envisaged, the length of possible detention periods, and the use of return hubs outside the EU. On 8 December 2025, the Council of the European Union adopted its position on the proposal. The LIBE committee’s adoption of its position now prepares the way for plenary approval and trilogue negotiations with the Council to finalise the regulation.

The LIBE committee adopted its position with 41 votes in favour, 32 against, and 1 abstention. Key elements of the position include the obligation for non-EU nationals subject to a return decision to cooperate with authorities, the possibility to return individuals to a country that agrees to accept them under an agreement with an EU Member State or the EU, the introduction of EU entry bans for those who do not comply with return decisions (with the duration of the ban depending on individual circumstances and potentially permanent for persons considered to pose a security risk) and an independent monitoring mechanism to ensure fundamental rights are respected during removal operations. MEPs also deleted a provision from the original proposal that would have required Member State governments to implement measures to detect non-EU citizens staying illegally in their territory.

The European Council on Refugees and Exiles (ECRE) expressed serious concerns following the LIBE Committee vote. The organisation criticised the adoption of an alternative compromise supported by the European People’s Party and far-right groups, noting that "it removes the very limited safeguards that were included in the Commission’s original proposal". ECRE highlighted several risks, including the obligation for Member States to issue return decisions even where removal is not feasible, restricted access to voluntary departure, limited access to essential services during postponed removals, and extended grounds for detention, including for families. The organisation also emphasised the weakening of legal remedies and the potential externalisation of return responsibilities through return hubs outside the EU. ECRE warned that these measures could undermine fundamental rights, create prolonged legal uncertainty for individuals, and exacerbate hardship and called for careful reconsideration of the LIBE mandate before the plenary vote.

For more information, please refer to the European Parliament’s press release on the vote.