Hungary has voted in favour of new EU rules designed to make the return of people without a legal right to stay more effective, including stricter measures and the possibility of return hubs outside the bloc.

EU approves new return framework

The Council of the European Union has given its final approval to new rules governing the return of non-EU nationals who have no legal right to remain in the bloc.

Hungary was among 23 of the EU’s 27 member states to vote in favour of the regulation on Thursday, Telex reports. Spain voted against it, while Belgium abstained. Denmark and Ireland did not vote because of their respective opt-outs in the area of justice and home affairs.

The new rules are intended to strengthen the EU’s common approach to returns and complement the bloc’s Migration and Asylum Pact. According to the Council, around two in three people who are ordered to leave the EU do not actually do so. The new framework is intended to give national authorities more tools to enforce return decisions.

Stricter obligations for those ordered to leave

Under the new system, people who receive a return decision will be required to leave the member state concerned and cooperate with the authorities.

Failure to comply can result in sanctions, including financial penalties, reduced benefits and allowances where permitted under national law, or the withdrawal of incentives intended to encourage voluntary return. Criminal sanctions may also be possible where national legislation provides for them.

Authorities will also have greater powers to impose measures such as reporting requirements, restrictions on leaving a designated place of residence, financial guarantees and electronic monitoring.

In certain circumstances, people may be detained for up to two years, with an additional six months possible where justified. National authorities may also carry out investigative measures, including searches and seizures, when necessary to prepare for or secure a return.

The rules provide for particularly strict measures for people considered to pose a security risk. These can include longer detention and, where justified and proportionate, an indefinite entry ban.

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Return hubs could be established outside the EU

One of the most significant elements of the new framework is the possibility of establishing so-called return hubs in non-EU countries.

Under agreements with third countries, people who have received a return decision could be transferred to such a centre outside the EU. A return hub could serve either as the final destination or as an intermediate stage before the person is returned to their country of origin.

Such agreements can only be concluded with countries that respect international human rights standards and international law, including the principle of non-refoulement, which prohibits returning people to a country where they face a serious risk of persecution or other serious harm. Unaccompanied minors are excluded from these arrangements.

The idea of external return centres has already faced legal and practical difficulties. Italy, for example, has attempted to establish similar facilities in Albania, although the scheme has encountered legal challenges.

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