FAiR insights and recommendations for EU Member States
The new Return Regulation aims to address the persistently low return rate in the EU which hovers around 25% (Eurostat – 2021-2026). It does so by focusing on enhancing the enforcement measures of return authorities: increased compliance obligations for third-country nationals subject to a return decision, expanded investigative powers and sanctions for non-compliance, including financial penalties and criminal sanctions.
FAiR research shows that enforcement alone will not deliver on the Regulation’s ambition that migrants are “returned in a humane and sustainable manner and with full respect for fundamental rights as well as international law without undue delay” (Recital 9). Returns depend on the cooperation of third countries and the compliance of migrants, which enforcement alone cannot secure but which are strengthened when return procedures are perceived as fair and legitimate.
Although some of the Regulation applies directly, Member States still decide how key provisions work in practice. Its procedural safeguards on information provision, legal representation and legal remedies (Articles 24–27), as well as its provision on return counselling and reintegration (Article 44), provide opportunities to strengthen the fairness and legitimacy of return procedures. Member States can also go beyond what the Regulation requires through independent monitoring that covers more than removal operations (Article 12).
Drawing on insights from across the FAiR research, this brief provides evidence and recommendations on how Member States can enhance fairness, legitimacy and effectiveness beyond the enforcement focus of the new Regulation.