Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a common system for the return of third-country nationals staying illegally in the Union, and repealing Directive 2008/115/EC of the European Parliament and the Council, Council Directive 2001/40/EC and Council Decision 2004/191/EC

This proposal aims at increasing the efficiency of the return process by providing Member States with clear, modern, simplified and common rules for managing returns effectively. It seeks to ensure cooperation with the authorities by third-country nationals through a combination of obligations, incentives and consequences for non-cooperation. The proposal also seeks to prevent circumvention of the rules and suppress unauthorised onwards movement within the Schengen area. The proposal seeks to ensure that when someone is ordered to leave the EU, they will leave the EU, either forcibly or voluntarily if the conditions allow, while respecting fundamental rights. In addition, the proposal seeks to equip Member States with common rules for identifying and speeding up the return of third-country nationals posing a security risk. It also embeds for the first time readmission as part of the return process. Furthermore, the proposal safeguards the fundamental rights of returnees through clear procedural safeguards, ensuring that return decisions are subject to scrutiny, including the right to appeal and the prohibition of refoulement, with due attention paid to vulnerable persons and the best interests of the child. By closing loopholes in the process, the proposal will prevent situations in which a return decision issued in one Member State can be circumvented or significantly prolonged by moving to another Member State. A mechanism for the recognition of return decisions introduced in the proposal will support this objective.