Debate: Implementation of the Return Directive
Date: MONDAY, 14 DECEMBER 2020
Speaker: Nicolas Schmit
Language: EN

I first would like to thank you, Ms Strik, as well as the shadow rapporteurs for this implementation report on the Return Directive. I’m glad that the pact on migration and asylum presented by the Commission last September addresses many of the challenges identified in your reports. The pact takes a human approach, which builds on the principles of integrated policy-making, solidarity and the fair sharing of responsibility. It offers tools to cover all aspects of return, from the moment of first arrival in the EU and issuance of an obligation to return until the readmission and reintegration in the country of origin. The pact reinforces our legal framework, closing the loopholes between asylum and return procedures that are currently affecting the efficiency of our systems. The Return Directive will continue to be the cornerstone of our common EU framework. We are pleased that the work on that dossier has resumed. In this context, and in reply to your report, I would therefore like to make the following remarks: First, we agree that there is a strong need to improve relations with third countries in order to ensure cooperation for effective and sustainable returns. That is why strengthening our cooperation with third countries on all aspects of migration, in a spirit of trust and mutually beneficial partnership, is a priority of the pact. In the context of these partnerships, we need, firstly, to increase the effectiveness of the implementation of readmission cooperation and to develop new ones for a selected number of third countries. Effective cooperation on readmission and migration is developed through active engagement in a sustained dialogue with our partners, as well as mobilising the policies and tools at our disposal for incentivising and rewarding cooperation. Second, we agree on the primacy of voluntary returns. This is why we are working on a new strategy on voluntary return and reintegration that we will present next year. Reintegration is an important part of the EU’s support to third countries. We need to reinforce the consistency of national approaches with third countries, but also increase the ownership of the process by our partners. This strategy will also reinforce the effectiveness, attractiveness and accessibility of the voluntary return programmes set up in the Member States, and from third countries to countries of origin. Third, let me assure you that the pact fully respects the fundamental right to an effective remedy of the migrants subject to a return decision. To this end, the recast Return Directive and the amendments to the proposed asylum procedures regulation further harmonise the right to appeal in order to address the differences between Member States. We understand your concerns concerning the possible negative effects that indiscriminate and long entry bans can have on the willingness of irregular migrants to cooperate on return and depart voluntarily. Our intention remains to deter irregular reimmigration of those who did not respect EU rules while preserving the possibility of legal access to the EU. We agree that there is a significant discrepancy in the way in which Member States determine the risk that the migrant may flee while return procedures are ongoing. That is why we proposed a common list of criteria in the recast Return Directive to assess the risk of absconding, which is the main ground to place a person subject to a return decision in administrative detention.  Finally, let me stress that we attach great importance to the use of effective alternatives to detention. We agree that it remains an underexplored area that can bring positive results for both the migrants and the authorities concerned. In our view, the report confirms that there are matters of common interest on which we can work together.  I would like to thank you again for your report and we trust that, with this important report having been tabled, we can now advance in earnest to reach an agreement that would improve the return of irregular migrants.