Returns Directive: latest Council Presidency compromise proposal
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"Delegations will find attached a revised Presidency compromise proposal as regards the draft Regulation of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast), prepared taking into account delegations' comments provided at and after the IMEX meeting on 3 December and JHA counsellors' meeting on 12 December 2018."
See: Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals (recast) - Revised Presidency compromise text (15649/18, LIMITE, 20 December 2018, pdf)
The document contains 114 footnotes highlighting Member States' positions and concerns - but none of the Member States in question are identified by name.
The Commission proposal was published in September last year: Proposal for a Directive on common standards and procedures in Member States for returning illegally-staying third-country nationals (recast) (COM(2018) 634 final, pdf) and: Annexes (pdf)
In an analysis of the proposal, Steve Peers concluded:
"This proposal is entirely concerned with facilitating the expulsion of irregular migrants, and detaining them to that end in addition to imposing entry bans to make sure they do not return. The narrower possibilities to obtain a period of voluntary departure will mean surprise knocks at the door, detention time and forced removal for more irregular migrants. More legal challenges will be fast-tracked, with the time limits in this proposal arguably below the standards set by CJEU case law (see the Diouf judgment). More migrants will be detained, and the Member States with the most generous approach to detention time limits will have to be more stringent."
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