Good practices in the return and reintegration of irregular migrants: entry bans policy and use of readmission agreements (EMN Inform)
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
The EMN Inform summarizes the main findings of the EMN Study on "Good practices in the return and reintegration of irregular migrants: Member States’ entry bans policy and use of readmission agreements between Member States and third countries" with the aim to:
- Analyse similarities and differences between Member States concerning the legal and institutional framework on entry bans;
- Explore the practical application of entry bans by mapping and reviewing whether Member States make use of a graduated approach; and investigating cooperation mechanisms between Member States;
- Analyse the effectiveness of entry bans by reviewing available statistical evidence on their impacts, exploring practical implementation challenges; and identifying any good practices;
- Explore the practical application of readmission agreements distinguishing between agreements concluded at the EU level and by Member States with third countries on a bilateral basis;
- Collect new statistical evidence on the use of readmission agreements;
- Briefly compare the possible synergies between entry bans and readmission agreements on the one hand and reintegration assistance on the other hand as tools to assist Member states in their implementation of return policies more broadly.
Inform: some findings
- (Member) States' national legal frameworks for the use of entry bans are broadly similar as based on the same references (Return Directive, Charter for Fundamental Rights) but more stringent or rather lenient approaches are adopted depending on each State.
- (Member) States may refrain from issuing entry bans in individual cases for various humanitarian reasons and for certain categories of third-country nationals (victims of human trafficking, minors and unaccompanied minors, elderly and family members of EU citizens).
- The evolution in the number of entry bans issued by (Member) States shows an equal proportion of increasing and decreasing trends.
- The majority of (Member) States automatically impose entry bans, in line with Art. 11 (1), in cases of forced return, whilst entry bans are reviewed on a case-by-case basis in situations of voluntary return.
- Readmission agreements (whether EU or national bilateral) appear to be key tools within the EU approach to achieve effective and sustainable return. EU Readmission agreements are mainly used for forced returns but might be used by some (Member) States for voluntary returns as well.
- Effective practical application of entry bans requires a high degree of cooperation between (Member) States. Cooperation between (Member) States and between (Member) States and third countries is also key to the efficiency of readmission agreements.
This Inform provides more information on main benefits and challenges identified by (Member) States when applying entry bans and readmission agreements.