More than six years after the European Union started working on harmonising rules for the treatment of illegal immigrants, and almost three years after the European Commission unveiled its proposal on their detention and expulsion, the fate of the controversial Return Directive will finally be determined. The next three weeks will decide whether the contentious proposal will indeed become the cornerstone of the EU’s migration policy, or if it ends up in the rubbish bin, sending experts on Europe-wide immigration rules back to the drawing board.

The directive aims to solve one of Europe’s inconvenient problems – what to do with up to 12 million illegal immigrants who already live on the continent. Politicians across the Union face a growing anti-immigration mood, but civil rights activists claim that long detentions and involuntary expulsions of migrants run counter to the Union’s principles. This directive is supposed to provide a solution and force the member states’ authorities to either send illegal immigrants home, legalise their stay or grant them asylum. “This is a gray area that needs to be cleared up,” a Commission official says.

Why is the proposal so controversial? It attempts to walk a tightrope by combining tough rules with human rights safeguards. According to the restricted consolidated text obtained by Europolitics, it gives the national authorities the right to detain illegal migrants for up to six months, with the possibility to prolong this period exceptionally by a further 12 months (Article 14). The draft also enables authorities to ban an illegal migrant from entering the EU for up to five years (Article 9).

On the other hand, the text gives preference to a voluntary departure period ranging between seven and thirty days (Article 6a), guarantees the right of detainees to apply regularly for a judicial review of the reasons of their detention, and sets strict conditions for detention centres and their oversight (Article 15). The implementation would be supported by the European Return Fund (see Europolitics3211).

FRAGILE COMPROMISE

The proposal is the first in this field to be adopted in a co-decision procedure. It needs a qualified majority in the Council of the EU, and a simple majority in the European Parliament to become law. However, finding an agreement has proven extremely difficult. The supporters of the directive celebrated a major success when, on 23 April, the Slovenian EU Presidency and the Parliament’s rapporteur, Manfred Weber (EPP-ED, Germany), clinched a deal on the consolidated text (3518).

However, the proposal’s opponents in the Parliament - namely, the Party of European Socialists (PES), the European United Left (GUE) and parts of the Greens-European Free Alliance and the Alliance of Liberals and Democrats for Europe (ALDE) - immediately spoke up against the current compromise. At the first reading, scheduled for the mini-plenary on 4 and 5 June, they plan to push through a number of amendments and secure a second reading.

The fragile situation is further complicated by the positions of member states. Over ten of them voiced reservations at the EU ambassadors’ meeting, on 7 May (3526), originally expected to rubber-stamp the compromise. Attacks on various parts of the proposal “immensely disappointed the Slovenians,” a participant has said, but the Presidency has held bilateral meetings with the opponents of the directive, and is expected to table the text again at the Coreper meeting, on 21 May. Several EU officials have told Europoliticsthat the disagreements could be solved and that there is a good chance of a deal.

- The latest compromise of the Presidency and the Parliament: www.europolitics.info > Search > 225626

- The Commission’s original proposal: www.europolitics.info > Search > 225626

- The LIBE report: www.europolitics.info > Search > 225626

 

Chronology

15 November 2001 – European Commission publishes a communication on a common policy on illegal migration

10 April 2002 – Commission adopts the Green Paper on a Community return policy

14 October 2002 – Commission releases communication on a Community Return Policy on illegal residents

28 November 2002 – Council of the EU adopts its Return Action Programme

4-5 November 2004 – European Council adopts ‘The Hague Programme’, which asks for common return standards

14 May 2005 – Council of Europe Committee of Ministers adopts ‘Twenty guidelines on forced return (CM(2005)40)

1 September 2005 – Commission adopts the ‘Proposal for a Directive on common standards and procedures for returning illegally staying third-country nationals’ (COD/2005/0167)

July 2007 – Portuguese EU Presidency proposes a compromise to the member states

12 September 2007 – European Parliament’s Civil Liberties Committee adopts its opinion on the report by Manfred Weber (EPP-ED, Germany)

December 2007 – Portuguese EU Presidency abandons target of reaching agreement by the end of 2007

23 April 2008 – Slovenian EU Presidency and EP rapporteur Weber clinch a compromise deal

7 May 2008 – Over ten EU ambassadors refuse to rubber-stamp the compromise

21 May 2008 – Coreper expected to discuss the proposal again

4-5 June 2008 – First-reading vote on Parliament’s preliminary agenda.