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Council of Europe reaffirms judicial independence following call by nine EU countries to reinterpret human rights law

24/05/2025

Backed by Italy and Denmark, a group of nine EU Member States has issued a letter calling for a new interpretation of the European Convention on Human Rights (ECHR) to facilitate the expulsion of foreign nationals convicted of crimes. While the letter's authors frame it as a call for open discussion, the move has raised concerns over judicial independence and the protection of fundamental rights in Europe.

Theme:
Return & Readmission
Type:
News item
Keywords:
European Convention on Human Rights
European Court of Human Rights
judicial independence
fundamental right
criminal foreigner
security

Experts explore ways to advance effective alternatives to detention in the EU

22/05/2025

On 21 and 22 May 2025, the European Migration Network’s Return Experts Group (EMN REG) convened a two-day workshop, hosted by the Belgian Immigration Office and EMN Belgium. The event brought together 50 participants from EU Member States, EU agencies (including Frontex and the EU Asylum Agency), civil society organisations, and international organisations. The workshop focused on the development and implementation of effective alternatives to detention (ATDs) within the EU’s migration and return systems.

Theme:
Vulnerable groups
International Protection
Migration
Borders & Visa
Return & Readmission
Type:
News item
Keywords:
New Pact on Migration and Asylum
alternative to detention
risk of absconding
fundamental right
special needs
multistakeholder approach
engagement
compliance

Migrant Education Policy Index (SIRIUS - Migration Policy Group)

01/05/2025

The 2025 SIRIUS Migrant Education Policy Index introduces a novel framework for evaluating inclusive education policies across 15 EU Member States. Structured around seven key dimensions, the Index highlights existing disparities and effective practices in supporting migrant learners. It underscores the urgent need for systemic reforms to ensure equitable and high-quality education for all students, regardless of migration background. The report advocates for a learner-centred approach prioritising structural flexibility, cultural and linguistic inclusion, and coordinated policy interventions.

Theme:
Integration
Student Migration
Publication type:
Report
Keywords:
education policy
Migrant education
migrant student
undocumented student

Ad Hoc Query on searching electronic devices in the context of return

03/04/2025

This ad hoc query, launched by EMN Belgium, explores whether authorities in EMN Member Countries are permitted to search the electronic devices of irregularly staying third-country nationals in the context of return. It examines the legal conditions under which such searches may take place, the categories of individuals concerned, the availability of related statistics, and the perceived impact on identification processes. The query also invites information on challenges encountered and any planned legislative developments in this area.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
irregularly staying third-country national
identification
search
electronic device

The new proposal for a regulation establishing a common return system has been released

11/03/2025

The European Commission has released a proposal for a regulation establishing a common system for the return of third-country nationals staying illegally in the Union. The new rules introduce, among other things, stronger obligations for returnees and the legal possibility of returning individuals who are illegally staying in the EU and have received a final return decision to a return hub in a third country. The European Parliament and the Council of the EU must now examine and negotiate the proposal.

Theme:
Return & Readmission
Type:
News item
Keywords:
common return system
return hub
European return order
obligation to cooperate
security risk
risk of absconding
fundamental right

Ad Hoc Query on voluntary return of Ukrainian beneficiaries of temporary protection

07/03/2025

This ad hoc query examines the voluntary return procedures for Ukrainian nationals granted temporary protection in EU Member States, focusing on the support provided for their return and reintegration. The aim is to understand the various national approaches to facilitating voluntary returns, including whether reintegration assistance is offered and how these programmes are funded.

 

Theme:
Temporary protection
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
beneficiary of temporary protection
voluntary return
reintegration
Ukraine

1.261 prisoners were subjected to forced return from Belgium's prisons in 2024

27/02/2025

In 2024, 1.261 detainees were forcibly returned from Belgian prisons, down from 1.428 in 2023 and 1.511 in 2022, according to the Immigration Office. The most represented nationalities among those returned were Albanians, Moroccans, and Algerians. This decline comes amid ongoing challenges linked to prison overcrowding and changes in early-release policies.

Theme:
Return & Readmission
Type:
News item
Keywords:
third country national
illegally staying person
detainee
prison
forced return

Benelux and Suriname sign agreements on migration and visa exemption

14/02/2025

The Benelux countries and Suriname have agreed to facilitate the return of individuals in irregular situations from the Benelux or Suriname to their country of origin. Additionally, they have decided to grant visa-free travel for diplomats and government officials between the Benelux countries and Suriname.

Theme:
Return & Readmission
Type:
News item
Keywords:
Benelux
readmission agreement
Suriname

The EU’s plans to set up return hubs must respect fundamental rights law, warns the FRA

06/02/2025

In a position paper published on 6 February 2024, the European Union Agency for Fundamental Rights (FRA) sets out the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. This includes independent monitoring to reduce the risks of fundamental rights violations.

Theme:
Return & Readmission
Type:
News item
Keywords:
return hub
fundamental rights

3.267 third-country nationals returned voluntarily to their country of origin in 2024, according to Fedasil

31/01/2025

In 2024, Belgium saw a notable increase in the number of individuals choosing voluntary return to their country of origin. According to Fedasil’s press release from 3 February 2024, the total number of individuals opting for voluntary return rose by 11% compared to the previous year.

Theme:
Return & Readmission
Type:
News item
Keywords:
voluntary return

Forced return to Afghanistan is possible again, without collaboration with the Taliban regime, according to Nicole de Moor

27/01/2025

In a press release published on 27 January 2025, the Secretary of State for Asylum and Migration announced that Belgian authorities could organise the forced return of Afghans to Istanbul and that partners on the ground could then take them to Afghanistan. This collaboration and the budgets for it still need to be finalised by a new government.

Theme:
Return & Readmission
Type:
News item
Keywords:
forced return
Afghanistan

Ad Hoc Query on procurement of return service outside Europe

05/01/2025

This ad hoc query examines how EMN Member and Observer Countries use service providers for return and reintegration services. It covers whether countries manage operations directly or rely on service providers, details on contracts and procurement methods used, and how they assess European Procurement Regulations when choosing procurement approaches, including any exceptions justifying direct contracts.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
return
reintegration
outsourcing
procurement

Ad Hoc Query on detention without judicial review

03/01/2025

This ad hoc query looks into the time limit within which an administrative authority may detain, without judicial review, an applicant for international protection or an irregularly staying third-country national who is subject to return.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
detention
judicial review
applicant for international protection
irregularly staying third-country national

EMN Finland Conference: Between integration and return: Employment and integration of beneficiaries of temporary protection in Finland and Europe

18/10/2024

The 2024 national conference of EMN Finland shall examine the state of play as well as the future prospects of the situation of Ukrainians in Finland and in EU countries. The conference aims to address the challenges of integration in a situation where beneficiaries of temporary protection find themselves between two countries. The conference seeks to support these persons in the limbo between integration and return.

Theme:
Integration
Temporary protection
Return & Readmission
Type:
Event
Keywords:
beneficiary of temporary protection
Ukraine
legal status
voluntary return

EMN Hungary Presidency High-Level Conference: For more effective returns (2 days)

29/08/2024

The European Migration Network (EMN) Hungary Presidency High-Level Conference will focus on possible avenues for more effective and efficient implementation of returns, with special emphasis on the important aspects of the return procedure, internal coherence, and joint cooperation with third countries and digitalisation to support the common EU system for returns.

Theme:
Return & Readmission
Type:
Event
Keywords:
return policy

FRA highlights progress and challenges in forced return monitoring in 2023

29/10/2024

In its overview of national forced return monitoring systems across the EU in 2023, the EU Agency for Fundamental Rights (FRA) noted that only one EU Member State did not monitor its national forced return operations in 2023. It also highlighted persistent challenges that affect the transparency and effectiveness of monitoring operations.

Theme:
Return & Readmission
Type:
News item
Keywords:
forced return
monitoring

Administrative authorities must ensure compliance with the principle of non-refoulement by reviewing a return decision previously adopted against a national, according to the Court of Justice of the EU

17/10/2024

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. 

Theme:
Return & Readmission
Type:
News item
Keywords:
illegally staying person
return decision
non-refoulement
effective remedy

JHA Ministers exchange views on the return of irregularly staying migrants and rejected asylum seekers

10/10/2024

A few days after 17 European countries called on the European Commission to submit a new legislative proposal for more effective returns, Justice and Home Affairs Ministers discussed the issue of return during a working lunch in Luxembourg. They tasked experts with starting to explore innovative ideas related to returns. 

Theme:
Return & Readmission
Type:
News item
Keywords:
effective return
irregularly staying third-country national
rejected asylum seekers

17 European countries call on the European Commission to submit a new legislative proposal for more effective returns

04/10/2024

In a non-paper, seventeen European countries called on the European Commission to submit a new proposal for more effective returns. The letter emphasises the need for a stricter EU return system with clearer obligations for cooperation from the returnees and less interpretation by the European Court of Justice.

Theme:
Return & Readmission
Type:
News item
Keywords:
effective return

Coherent return and reintegration assistance (EMN Inform)

06/09/2024

This Inform explores good practices and challenges in the coordination between different stakeholders and between different stages of return and reintegration of third-country nationals in EMN Member and Observer Countries. It explains how improved coordination among stakeholders, enhanced institutional frameworks, and effective national strategies can facilitate a consistent and structured approach to return and reintegration across Europe.

Theme:
Return & Readmission
Publication type:
Informs
Keywords:
policy coherence
effective return
sustainable return

Refugee students start a master's degree at the KU Leuven and UCL Louvain as part of the EU Passworld programme

02/09/2024

Students, who were originally from Syria and Congo before becoming refugees in Egypt and Uganda, have the opportunity to start this new academic year in Belgian universities thanks to the legal and sustainable migration pathway offered by the university corridors. 

Theme:
Student Migration
Type:
News item
Keywords:
university corridor
legal pathway
refugee

Ad Hoc Query on the implementation of detention provisions in EU Member States

05/08/2024

This ad hoc query examines how various EU Member States have implemented Article 15 of the Return Directive (2008/115/EU), Article 8 of the Reception Conditions Directive (2013/33/EU), and Article 28 of the Dublin Regulation (EU 604/2013), all of which pertain to the detention of third-country nationals.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
detention

The Court of Justice of the EU stresses that the prohibition of abusive practices is a general principle of EU law

29/07/2024

In a judgement from 29 July 2024, the Court of Justice of the EU states that a Member State may reject an abusive application for an authorisation to reside on its territory for the purpose of study, even if it has not correctly transposed the directive that provides for that option.

Theme:
Student Migration
Type:
News item
Keywords:
abusive application
abusive practice
abusive intention
study

Ad Hoc Query on intra-EU mobility for international students (Directive 2016/801)

18/07/2024

This ad hoc query focuses on the implementation of Article 31(2) of Directive 2016/801, which sets out the conditions for notifying mobility of students between two or more EU Member States. The query examines the mobility notification process, existing arrangements in the absence of an official notification process, and the rules applicable to students covered by an EU programme, a multilateral programme involving mobility measures or an agreement between two or more higher education institutions, as opposed to those applicable to students who are not.

Theme:
Student Migration
Publication type:
Ad Hoc Queries
Keywords:
student mobility
notification
mobility agreement

Ad Hoc Query on alternatives to detention and their feasibility in practice

03/07/2024

This ad hoc query examines which alternatives to detention are most commonly used, especially for families with children, and how the effectiveness of the alternatives to detention is assessed. It further analyses which elements (indicators, statements, etc.) are taken into account before imposing an alternative to detention and what challenges are faced in this matter.

Theme:
Return & Readmission
Publication type:
Ad Hoc Queries
Keywords:
alternative to detention
family with children
risk of absconding

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