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EU: "Returns" package

25 October 2015

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Under the so-called "hotspot" process refugees are first "nationality screened" (national officials lead by Frontex) and then divided into two groups: a) those to be returned and held in "closed" camps (they have no legal representation or right of appeal) and b) those to be "relocated" within the EU who are "asylum" processed, by EASO and national officials, to be held in "open" camps.

1. European Commission: CONTACT GROUP “Return Directive” (2008/115/EC) 14 October 2014: Preparation of Return Handbook (80 pages, pdf)

2.European Commission: Recommendation: Preparation of Returns Handbook (COM 6250, pdf)

3. European Commission: ANNEX: Return Handbook (116 pages, pdf): "The content of this handbook deals essentially with standards and procedures in Member States for returning illegally staying third-country nationals and is based on EU legal instruments regulating this issue (in particular the Return Directive 2008/115/EC)."

4. European Commission: EU Action Plan on return (COM 453-15,pdf)

5. Addressing the Refugee Crisis in Europe: The Role of EU External Action (Commission and EEAS, pdf)

6, Council conclusions on the future of the return policy (pdf):

"Member States must systematically issue return decisions, take all necessary steps to enforce them and provide adequate resources, including funding and staff, necessary for identifying and returning illegally staying third-country nationals. All measures must be taken to ensure irregular migrants' effective return, including use of detention as a legitimate measure of last resort. In particular, Member States should reinforce their pre-removal detention capacity to ensure the physical availability of irregular migrants for return and take steps to prevent the abuse of rights and procedures."

7. Directive on common standards and procedures in Member States for returning illegally staying third-country nationals (pdf)

8. Council of Europe: Guidelines on forced returns (pdf)

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