Return Directive
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With the European Parliament, which is preparing its first-reading position.
Last active 13 Nov 2024
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What this bill does
In plain terms: what it changes and who it affects.
This proposal tightens EU rules for returning non-EU nationals who have no legal right to stay.
Who it affects
It affects illegally staying non-EU nationals, including rejected asylum applicants, unaccompanied minors, families, and people facing detention or removal. It also affects Member State return authorities.
Core of the proposal
- Creates EU-wide criteria for assessing absconding risk and related detention or voluntary-departure decisions.
- Requires return decisions immediately after legal stay ends, including after rejected protection applications.
- Limits some appeal periods, including five days generally and 48 hours in border procedures.
- Requires national return management systems and voluntary-return assistance programmes.
Key provisions
- Takes effect
- The Directive enters into force on the twentieth day following publication in the Official Journal.
- Transitional law
- Member States must transpose most amended provisions within six months, and national return management system rules within one year.
Articles changed · 3 across 2 laws
- Directive 2008/115/EC (32008L0115)
- entire act: repeals the entire directive as part of a recast
- Convention implementing the Schengen Agreement (42000A0922(02))
- art. 23: replaces the provisions of Article 23
- art. 24: replaces the provisions of Article 24
Latest update
05 Jun 2026The most recent development in this bill's progress.
1st reading – European Parliament → 1st reading – European Parliament
1st reading – European Parliament → 1st reading – European Parliament
Documents
1 recentSourcesOEILEUR-LexEU Law Tracker