Statewatch News Online:raconian Recommendations to "substantially increase rate of return"
02 March 2017
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EU
Refugee crisis:
Commission: Draconian Recommendations to "substantially
increase rate of return"
2.3.17
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Commission: Recommendation on making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council (pdf) Publication was delayed several hours:
"The objectives of such an integrated and coordinated approach in the area of return should be to: ensure swift return procedures and substantially increase the rate of return...
put in place measures to effectively locate and apprehend third-country nationals staying illegally...
Member States should ensure that return decisions have unlimited duration, so that they can be enforced at any moment...
ensure that return decisions are followed without delay by a request to the third country of readmission to deliver a valid travel documents or to accept the use of the European travel document...
provide in national
legislation for a maximum initial period of detention of six
months that can be adapted by the judicial authorities in the
light of the circumstances of the case, and for the possibility
to further prolong the detention until 18 months in the cases
provided for in Article 15(6) of Directive 2008/115/EC;
bring detention capacity in line with actual needs, including
by using where necessary the derogation for emergency situations
as provided for...
provide for the shortest possible deadline for lodging appeals against return decisions established by national law...
Risk of absconding
(15) Each of the following
objective circumstances should constitute a rebuttable presumption
that there is a risk of absconding:
(a) refusing to cooperate in the identification process,
using false or forged identity documents, destroying or otherwise
disposing of existing documents, refusing to provide fingerprints;
(b) opposing violently or fraudulently the operation of return;
(c) not complying with a measure aimed at preventing absconding
imposed in application of Article 7(3) of Directive 2008/115/EC,
such as failure to report to the competent authorities or
to stay at a certain place;
(d) not complying with an existing entry ban;
(e) unauthorised secondary movements to another Member State." [rmphasis added]
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