The Council of Europe has issued a fresh warning to EU institutions over the bloc’s new approach to migrant deportations, urging lawmakers to pause and reconsider rules that rights groups say would erode legal safeguards and expand detention across the continent.
The alarm comes as the European Commission’s proposed Return Regulation—unveiled on 11 March 2025—moves toward debate later this year. The proposal aims to replace the current Return Directive and boost removal rates through faster, more uniform procedures. In Q1 2025, EU countries issued 123,905 leave orders for non-EU citizens and carried out 28,475 returns. That reflects an 18.4% jump in leave orders and a 6.4% rise in returns compared with Q1 2024.
Common European System for Returns: Goals and Concerns
At the heart of the plan is a push to create a Common European System for Returns that standardizes key steps in the removal process across member states.
Supporters (including several Eastern EU governments) argue the overhaul will:
- Improve efficiency and reduce loopholes between member states.
- Bring return practices in line with asylum reforms starting from mid-2026.
- Provide clearer rules and faster, coordinated procedures to reduce limbo and detention time.
Critics—including the Council of Europe and more than 300 civil society groups—warn the proposed system risks:
- Normalizing detention for children and families.
- Shrinking appeal rights to the point of near-automatic removals.
- Expanding enforcement powers under vague “security risk” grounds.
- Offshoring processing to third-country “return hubs” with limited oversight.
Key Figures and Trends
- Return rates in the EU have hovered around 20% for years, according to Commission figures cited by officials.
- Countries issuing the most leave orders in early 2025: France, Germany, Spain.
- Countries carrying out the most returns: France, Germany, Cyprus.
- Principal destinations for returns: Georgia, Syria, Albania.
- Eastern EU states (Lithuania, Estonia, Latvia, Poland) have pushed for stronger controls citing security concerns linked to Russia and displacement from the Ukraine war.
Policy Changes Overview
The proposed Return Regulation would introduce several major changes:
- A European Return Order that travels with a person across the EU and is recognized alongside national decisions to prevent movement between member states to avoid enforcement.
- Clearer rules for forced returns, while continuing to encourage voluntary departures where possible.
- Stricter obligations for people with return orders, such as tighter identity verification and possible residence at a designated location.
- Expanded use of digital case management and reporting requirements.
- A legal basis for “return hubs” in third countries—offshore locations for detention or processing prior to removal.
Supporters call the digital and administrative measures overdue modernization. Critics say they amount to surveillance that may raise privacy and discrimination issues. Rights advocates warn offshoring could expose people to unsafe conditions with limited access to lawyers and oversight.
Security provisions, appeals, and detention
- Security risk provisions would make forced return mandatory for those deemed a threat under broadly defined criteria—rights lawyers call these too vague.
- The proposal removes the automatic suspensive effect of appeals: filing an appeal would not automatically stop deportation unless a judge grants a stay.
- Appeal deadlines could be as short as 14 days, and legal aid may be restricted.
- Detention rules expand: unaccompanied children, families, and single adults could face detention for up to two years, with some adults held even longer while awaiting deportation.
Warning: Short deadlines and weak suspensive effects could make court protection practically inaccessible, especially for people held in remote or offshore facilities.
Stakeholder Responses and Human Impact
The Council of Europe and major NGOs have condemned the framework as “inhumane,” warning it could drive widespread rights breaches, arbitrary detention, and forced returns to unsafe places.
Concerns raised include:
- Risks for unaccompanied minors and people with protection needs who may lack documents or time to present their case.
- Increased litigation on grounds of proportionality, due process, and non-refoulement.
- Shortened timelines and weak suspensive effects leading to snap removals before evidence can be gathered.
- Offshoring and return hubs placing people far from family, community, and legal support, with unclear monitoring mechanisms.
On the other side, EU officials say the Regulation:
- Aligns with international standards.
- Will bring clarity, predictability, and better cooperation with countries of origin.
- Reduces limbo and limits time in detention overall by creating faster, coordinated procedures.
Caseworkers, lawyers, and rights groups remain skeptical that the safeguards will be sufficient in practice.
Everyday Consequences for Migrants
If the law passes, many impacts would be immediate for families and individuals:
- Parents with school-age children might be required to live at designated locations, report regularly, or accept electronic monitoring.
- People fleeing war or authoritarian regimes could struggle to prove risk under tight deadlines without access to documents or witnesses.
- Detention can worsen trauma and mental health—particularly for children and survivors of violence.
- Offshoring raises the risk of indefinite detention if return processes stall.
Budget and Political Context
- The EU’s NDICI–Global Europe fund totals €80 billion, with 14% reportedly allocated to migration controls—above the 10% guideline.
- Rights groups say funds are shifting toward return operations and border technology rather than integration, legal aid, or housing.
- Political pressures (far-right gains, security fears, migration fatigue) have pushed harder lines in several capitals.
- Some member states seek more funds for border infrastructure and removal flights; others prefer investment in case processing, integration, and alternatives to detention.
Timeline and Procedure
The Return Regulation is expected to be debated and possibly adopted in late 2025, with implementation aligned to the EU Pact on Migration and Asylum from mid-2026.
A typical implementation sequence would involve five stages:
- A return decision is issued and paired with a European Return Order.
- Authorities file readmission requests to countries of origin.
- Individuals may be detained, electronically tagged, or required to report to authorities.
- Appeals must request a stay to halt removal and meet tight deadlines.
- Where used, return hubs or offshore sites would handle detention or processing.
Lawyers warn that short timelines and limited legal aid will often determine whether a person can access an effective remedy. The Council of Europe has called for maintaining suspensive effects for people at risk and for strict detention limits—especially to protect children.
Data Snapshot (Q1 2025)
| Indicator | Value |
|---|---|
| Leave orders issued | 123,905 |
| Returns completed | 28,475 |
| Leading issuers of orders | France, Germany, Spain |
| Leading countries completing returns | France, Germany, Cyprus |
| Top destinations | Georgia, Syria, Albania |
These numbers are cited by proponents as evidence of momentum; critics see them as demonstrating a shift prioritizing deportation over protection and due process.
Legal and Political Battle Ahead
The proposed rules have sparked a likely legal and political fight as the file progresses through the European Parliament and Council.
- Rights advocates (and legal experts) will press to restore automatic stays for appeals, set strict detention limits, and exclude children from custody.
- Supporters and far-right parties will push for even tighter measures and more resources for enforcement.
- Litigation is expected to test the security risk label and the legality of offshoring under European and international law—VisaVerge.com projects legal challenges will be central to the debate.
Official details on the Commission’s migration agenda and legislative track are available at the EU’s home affairs portal: Home Affairs – Migration and Asylum.
As debate intensifies, the Council of Europe and legal experts will likely continue urging safeguards to keep appeals meaningful, protect children from detention, and ensure any offshore “return hubs” are subject to strict oversight that matches Europe’s human rights commitments.
This Article in a Nutshell
The European Commission’s Return Regulation, presented on 11 March 2025, seeks to replace the Return Directive by creating a Common European System for Returns: a European Return Order, harmonized forced-return rules, tighter obligations for people with return orders, digital case management, and legal bases for offshore return hubs. Q1 2025 figures show 123,905 leave orders and 28,475 returns, prompting momentum for reform. The Council of Europe and over 300 NGOs warn the plan risks eroding appeal rights, expanding detention (including for children and families up to two years), and broadening vague ‘security risk’ grounds. Supporters claim it improves efficiency and coordination; critics predict legal battles, calls to restore suspensive effects, and scrutiny over offshoring and safeguards. Debate will likely continue through late 2025 with implementation tied to mid-2026 asylum reforms.
