EU is planning a stricter return directive: background and consequences!

EU is planning a stricter return directive: background and consequences!

In March 2025, the European Commission presented a draft for a new EU return directive that aims to speed up deportations of rejected asylum seekers. According to the details of uni-goettingen.de The directive is based heavily on the German return policy of recent years. The planned measures are intended to create a uniform solution for all EU member states and are based on the “Ordered Return Act” of 2019 in Germany.

What is particularly explosive is the intention to extend detention pending deportation to up to 24 months, which is currently regularly limited to a maximum of 12 months. This has caused concern in the political debate. Critics fear increased detention of refugees and migrants who are already in an unsafe situation. In Germany, the number of deportations in 2024 rose by 22% compared to the previous year, while the number of asylum applications fell by a third, as zdf.de reported.

Efficiency of return policies

A research team from the University of Göttingen has now published a fact check on the return policies and has come to the conclusion that they are inefficient in their current form. Project leader Prof. Dr. Sabine Hess emphasizes that long-term residency rights would be far more effective. These could not only reduce the stress for migrants, but also reduce the use of resources by the authorities. Their analysis shows that return policies since 2015 not only do not lead to greater security, but can also criminalize poverty.

A central thesis of the Göttingen researchers is that bureaucratic obligations often lead to crime spirals. The strict regulations and sanctions should therefore be monitored more closely in order to increase the pressure on migrants.

Return procedure

In addition to legal adjustments, there is also discussion about setting up return centers in third countries. These are intended to enable rejected asylum seekers to be returned more quickly. The Albania model is used as an example, in which asylum procedures take place abroad, but returns to third countries should only take place after they have been completed. A rejected asylum seeker in Austria would therefore not be able to initiate a new procedure in Germany, but would be deported to the place where he originally applied for asylum.

However, the proposal is viewed critically by experts. It remains unclear which third countries would be willing to accept rejected asylum seekers. The possibility that deportations will soon be able to take place without family connections is also controversial and could lead to even more people ending up in detention pending deportation.

The developments in EU migration policy are also reflected in an increasing willingness to isolate people. EU Council President Charles Michel also said costs for physical barriers at external borders could potentially be covered, which could spark a debate about the legitimacy of such measures.

The current situation also shows unequal treatment of refugees. While people from Iraq, Syria and Afghanistan are being sealed off through increased measures, the EU is showing much more solidarity towards Ukrainian war refugees. Pushbacks, i.e. violent rejections of asylum seekers, have been observed in some EU states, which violates EU law and the Geneva Refugee Convention. Further analyzes on these topics can be found at europaimlehr.de.