A New European Union Deal on Return Procedures Stirs Reactions
- Human Rights Research Center
- Jun 8
- 3 min read
Author: Ana MC Budeanu
June 8, 2026
HRRC is encouraged by the European Union efforts to establish clear rules on return procedures for illegal non-EU migrants. However, we emphasise that these policies must protect fundamental rights of all individuals affected.
![One of the Italian Centres - The Gjader Camp - in Albania [Image credit: Klodiana Millona]](https://static.wixstatic.com/media/f05ed1_52e27c5fecaa442293603e7bbd1fc88c~mv2.jpg/v1/fill/w_980,h_490,al_c,q_85,usm_0.66_1.00_0.01,enc_avif,quality_auto/f05ed1_52e27c5fecaa442293603e7bbd1fc88c~mv2.jpg)
On June 1, a European Union (EU) trilateral agreement was reached between the European Commission (EC), the European Parliament (EP) and the Council of Europe (CE) regarding the return of illegal non-EU nationals.
Under the new rules based on an EC proposition made in March 2025, illegal non-EU nationals are obliged either to collaborate with the member states’ authorities or else be detained, in view of being returned to their home countries. If the illegal non-EU nationals flee to another country, the detention “resets” and they can be detained again for the same fault. Other measures, such as financial guarantee or electronic monitoring, can be imposed instead of detention.
EU officials see this as an improvement of the EU migration system as they consider it stops another 2015 Migration Crisis caused by the Syrian war and a great complementary addition to the EU Pact on Migration and Asylum as it makes the return procedures swifter, simpler and more effective.
Meanwhile, organizations such as the International Rescue Committee (IRC) view this deal as paving the way for more criminalisation, raids on communities, and the establishment of detention and deportation centres outside of EU territory. According to IRC, the deal is not being respectful of the fundamental rights of those targeted by the measures.
Following the adoption of the deal, EU member states, such as Austria, Denmark, Germany, Greece and the Netherlands, are already in talks with third-party countries, mostly in Africa, for the creation of facilities on the model of Italy's detention deal with Albania.
The Italian detention deal with Albania resulted in the opening of two Centers of Permanence and Repatriation (CPR) in Albania which operated exclusively under Italian and EU laws and not Albanian law. These facilities detained people in order for asylum or return procedures to be processed.
Glossary
2015 Migration Crisis - a crisis spanning over almost a decade, between 2015 and 2024, when the EU's borders were overwhelmed by a surge of asylum seekers when over 1.3 million people from Syria, Afghanistan, and Iraq applied for asylum at the borders of Greece and Italy.
Asylum - Protection granted by a state to a foreign national who is unable or unwilling to return to their home country due to fear of persecution.
Centers of Permanence and Repatriation - facilities constructed in Albania following the Italian-Albanian Agreement where people were detained waiting for processing.
Complementary - serving to fill out or complete.
Council of Europe - an association of European states, established in 1949 to promote unity between its members, defend human rights, and increase social and economic progress.
Deportation - the act of expelling an alien from a country; expulsion.
Detention: The deprivation of liberty of non-citizens based on their immigration status, which can be administrative or criminal.
Electronic Monitoring - the use of an electronic device that is fastened to a person, animal, or object, so that police, scientists, or other people can know where they are.
EU Pact on Migration and Asylum - system of rules that manages migration and asylum across EU territory.
European Commission - the executive body of the European Union formed in 1967, which initiates action in the EU and mediates between member governments.
European Parliament - the assembly of the European Union in Strasbourg. It consists of 626 directly elected members and its role is largely advisory.
European Union - is an organization of European countries which have joint policies on matters such as trade, agriculture, and finance.
Facility - are buildings, pieces of equipment, or services that are provided for a particular purpose.
Financial Guarantee - the promise to pay another's debt or fulfill contract obligations if that party fails to pay or perform.
Flee - to run away from (a place, danger, etc); fly.
Fundamental right - a right that is considered by a court (as the U.S. Supreme Court) to be explicitly or implicitly expressed in a constitution (as the U.S. Constitution).
Return Procedures: The legal steps taken to return a non-national who does not fulfill the conditions for entry or stay.
Trilateral Agreement - A legally binding contract or arrangement involving three parties or nations, detailing the terms and conditions agreed upon by all parties.
References
