Leiden scholars critical of EU Return Regulation
EU Return Regulation
During the annual State of the Art Conference organised by the Dutch Ministry of Asylum and Migration on 2 June, Talha Gunay and Mark Klaassen from the Department of European Law joined a panel discussion to examine the new EU Return Regulation.
The new EU Return Regulation introduces rules to govern the return of migrants who are not permitted to remain in the European Union. According to the discussants, the rules on the return of migrants without a legal right of residence – which had been formally adopted by the EU legislature only the evening before – have become considerably more restrictive, and certain provisions may conflict with fundamental human rights.
Criticism of departures from European fundamental rights
In their presentation, Gunay and Klaassen analysed the implications of these new rules. They argue that the Regulation departs in several respects from previous interpretations by the Court of Justice of the European Union concerning the EU Charter of Fundamental Rights. One major point of criticism is that the new rules appear to allow for the issuance of a return decision even where there is a risk of refoulement – the return of individuals to a country where they could face danger. According to the speakers, other aspects of the Regulation also appear to be inadequately thought through.
Stricter policies may ultimately prove less effective
The researchers also questioned the effectiveness of harsher sanctions for migrants who are deemed to obstruct the return process. They believe that such measures could be counterproductive. Migrants may become more inclined to evade supervision, making return procedures more difficult to implement instead of improving effectiveness.
In their contribution, Gunay and Klaassen also called for critical reflection on the balance between strict migration policies, practical enforceability, and the protection of fundamental human rights within the European Union.
The Strategy & Connectivity Team of the Migration Directorate at the Ministry of Asylum and Migration organises the annual academic State of the Art Conference. The event brings together policymakers, senior civil servants, and researchers to connect the latest scientific insights on migration with political practice.